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Industrial Insurance Law,Title 51 RCW. The Grantee recognizes that this waiver of immunity
<br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115
<br /> and was the subject of mutual negotiation.As used in this paragraph: (1) "Grantor" includes
<br /> the City's officers, employees, agents, and representatives and (2) "Claims" include, but is
<br /> not limited,to, any and all losses, claims, demands, expenses) including, but not limited to,
<br /> attorney's fees and litigation expenses), suits, judgments, or damage, irrespective of
<br /> whether the damage alleged is bodily injury, damage to property, economic loss, general
<br /> damages, special damages, or punitive damages. If, and to the extent, Grantee employs or
<br /> engages subconsultants or subcontractors, then Grantee shall ensure that each such
<br /> subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br /> subcontractors)shall expressly agree to defend and indemnify the Grantor to the extent and
<br /> on the same terms and conditions as the Grantee pursuant to this paragraph.
<br /> 9. Insurance:
<br /> Prior to Grantee's construction activities or other activities on the Grantors property under
<br /> the rights provided herein, Grantee shall submit to Grantor a certificate of insurance that
<br /> Grantee or Grantee's contractors has obtained commercial general liability coverage naming
<br /> the Grantor as an additional insured (including broad form contractual liability coverage)
<br /> satisfactory to Grantor with limits no less than the following:
<br /> Bodily Injury Liability, including $2,000,000
<br /> automobile bodily injury liability each occurrence
<br /> Property Damage Liability, including $2,000,000
<br /> automobile property damage liability each occurrence
<br /> Additional insured status shall be accomplished by endorsement to said commercial liability
<br /> policy(ies).
<br /> Said coverage shall be maintained by Grantee or Grantee's contractors during the period
<br /> when such activities take place.
<br /> 10. Conflict With Future Installations of Grantor:
<br /> In the event that it should become necessary for the Grantor to construct or install
<br /> additional facilities or otherwise use Grantors property and if, in the reasonable judgment
<br /> of the Grantor,the location,existence and use of the Network Facilities interferes with such
<br /> construction, installation or use to the extent that it is impracticable or substantially more
<br /> expensive to accomplish such construction, installation or use, or that such construction,
<br /> installation or use may pose a hazard because of the location, existence or use of the
<br /> Network Facilities, Grantee shall have the obligation to either, in Grantee's sole discretion,
<br /> (a) protect, modify or relocate the Network Facilities at the cost and expense of Grantee, so
<br /> as to remove the interference or hazard to Grantors satisfaction, or(b)to reimburse Grantor
<br /> for its added costs of design, construction and installation to avoid such interference or
<br /> hazard. In the event Grantor intends to undertake any such construction and installation,
<br /> Grantor shall give Grantee reasonable advance written notice of such intention together
<br /> with preliminary plans and specifications for such work, identifying the potential
<br /> Easement at Kasch Park Road Page-4
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