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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 to Bid. 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
<br /> subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or
<br /> anyone for whose acts any of them may be liable, the defense and indemnification obligations
<br /> hereunder shall not be limited in any way by any limitation on the amount of damages,
<br /> compensation, or benefits payable by or for the Contractor or any subcontractor under industrial
<br /> worker's compensation acts, 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
<br /> waiver of immunity under Title 51 RCW was the subject of mutual negotiation and was
<br /> specifically entered into pursuant to the provisions of RCW 4.24.11
<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
<br /> risk and that: (1) prior to submitting its proposal or bid, it became familiar with the conditions of
<br /> excavation, subsurface, backfill, materials, climatic conditions, location, traffic, and other
<br /> contingencies that may affect the work and has made its bid or proposal accordingly and (2)that
<br /> it assumes the responsibility and risk of all loss or damage to materials or work which may arise
<br /> from any cause whatsoever prior to completion.
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