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City shall give Contractor reasonable notice of such claim. The City retains the right to approve <br /> claims investigation and counsel assigned to said claim and all investigation and legal work product <br /> regarding said claim shall be performed under a fiduciary relationship to the City. <br /> The Contractor shall purchase and maintain such insurance as will protect it from any and all <br /> claims, suits, demands, damage, or liability arising out of, or in connection with, this Contract, or <br /> resulting from Contractor's (or its subcontractor's or supplier's) performance of, or failure to <br /> perform, its express and implied obligations under the Contract, including, but not limited to such <br /> claims as may arise out of or result from the Contractor's operations under the Contract, whether <br /> such operations be by itself, any subcontractor or supplier, by anyone directly or indirectly <br /> employed by any of them, or by anyone for whose acts any of them may be liable. The <br /> Contractor's policies shall endorse the City, including its officers, employees, agents and <br /> representatives, as additional insureds. The Contractor shall comply with the insurance <br /> requirements set forth in the Invitation for Quote. Failure to maintain such insurance shall be a <br /> material breach of the Contract. City shall be entitled to damages for such a breach that include, <br /> but are not limited to, any loss (including, but not limited to,third party litigation expenses and <br /> professional fees) suffered by the City if the City is determined to be solely or concurrently <br /> negligent, and if the City suffers any loss or must pay or defend against any such claim, suit, <br /> demand or damage as a result of such breach. <br /> Contractor waives any right of contribution against the City. It is agreed and mutually negotiated <br /> that in any and all claims against the City, its agents or employees,the Contractor, a subcontractor, <br /> anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose <br /> acts any of them may be liable, the defense and indemnification obligations hereunder shall not be <br /> limited in any way by any limitation on the amount of damages, compensation, or benefits payable <br /> by or for the Contractor or any subcontractor under industrial worker's compensation acts, <br /> disability benefit acts, or other employees' benefit acts. <br /> Contractor's and City's initials hereto indicate specific waiver of Contractor's industrial insurance <br /> immunity in order to fulfill this indemnity. Solely for the purpose of indemnification and defense <br /> as provided in this Contract, the Contractor specifically waives any immunity under the State <br /> Industrial Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of <br /> immunity under Title 51 RCW was the subject of mutual negotiation and was specifically entered <br /> into pursuant to the provisions of RCW 4.24.115. <br /> CoE <br /> Contractor (initial here) City (initial here) <br /> The Contractor agrees to repair and replace all property of the City and all property of others <br /> damaged by it, its employees, subcontractors, suppliers and agents. <br /> It is understood that the whole of the work under this contract is to be done at the Contractor's risk <br /> and that: (1) prior to submitting its proposal or quote, it became familiar with the conditions of <br /> excavation, subsurface, backfill, materials, climatic conditions, location,traffic, and other contingencies <br /> that may affect the work and has made its quote or proposal accordingly and (2)that it assumes the <br />