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CITY OF EVERETT SPECIAL PROVISIONS
<br /> REDUCED TO JUDGMENT OR ARBITRATION AWARD, IRRESPECTIVE OF THE TYPE
<br /> OF RELIEF SOUGHT OR DEMANDED (SUCH AS MONEY OR INJUNCTIVE RELIEF), AND
<br /> IRRESPECTIVE OF THE TYPE OF DAMAGE ALLEGED (SUCH AS BODILY INJURY,
<br /> DAMAGE TO PROPERTY, ECONOMIC LOSS, GENERAL DAMAGES, SPECIAL
<br /> DAMAGES, OR PUNITIVE DAMAGES); AND (3) "CONTRACTOR" INCLUDES
<br /> CONTRACTOR, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND
<br /> SUBCONTRACTORS. IF, AND TO THE EXTENT, CONTRACTOR EMPLOYS OR
<br /> ENGAGES SUBCONTRACTORS, THEN CONTRACTOR SHALL ENSURE THAT EACH
<br /> SUCH SUBCONTRACTOR (AND SUBSEQUENT TIERS OF SUBCONTRACTORS) SHALL
<br /> EXPRESSLY AGREE TO DEFEND AND INDEMNIFY THE CITY TO THE EXTENT AND ON
<br /> THE SAME TERMS AND CONDITIONS AS THE CONTRACTOR PURSUANT TO THIS
<br /> SECTION.
<br /> 8. INSURANCE. THE CONTRACTOR SHALL PURCHASE AND MAINTAIN SUCH INSURANCE AS WILL
<br /> PROTECT IT FROM ANY AND ALL CLAIMS, SUITS, DEMANDS, DAMAGES, OR
<br /> LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THIS CONTRACT, OR
<br /> RESULTING FROM CONTRACTOR'S (OR ITS SUBCONTRACTOR'S OR SUPPLIER'S)
<br /> PERFORMANCE OF, OR FAILURE TO PERFORM, ITS EXPRESS AND IMPLIED
<br /> OBLIGATIONS UNDER THE CONTRACT, INCLUDING, BUT NOT LIMITED TO SUCH
<br /> CLAIMS AS MAY ARISE OUT OF OR RESULT FROM THE CONTRACTOR'S
<br /> OPERATIONS UNDER THE CONTRACT, WHETHER SUCH OPERATIONS BE BY ITSELF,
<br /> ANY SUBCONTRACTOR OR SUPPLIER, BY ANYONE DIRECTLY OR INDIRECTLY
<br /> EMPLOYED BY ANY OF THEM, OR BY ANYONE FOR WHOSE ACTS ANY OF THEM
<br /> MAY BE LIABLE. THE CONTRACTOR'S POLICIES SHALL ENDORSE THE CITY,
<br /> INCLUDING ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AS
<br /> ADDITIONAL INSUREDS. THE CONTRACTOR SHALL COMPLY WITH THE INSURANCE
<br /> REQUIREMENTS SET FORTH IN THE CONTRACT DOCUMENTS. FAILURE TO
<br /> MAINTAIN SUCH INSURANCE SHALL BE A MATERIAL BREACH OF THE CONTRACT.
<br /> CITY SHALL BE ENTITLED TO DAMAGES FOR SUCH A BREACH THAT INCLUDE, BUT
<br /> ARE NOT LIMITED TO, ANY LOSS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY
<br /> LITIGATION EXPENSES AND PROFESSIONAL FEES) SUFFERED BY THE CITY IF THE
<br /> CITY IS DETERMINED TO BE SOLELY OR CONCURRENTLY NEGLIGENT, AND IF THE
<br /> CITY SUFFERS ANY LOSS OR MUST PAY OR DEFEND AGAINST ANY SUCH CLAIM,
<br /> SUIT, DEMAND OR DAMAGE AS A RESULT OF SUCH BREACH.
<br /> 9. WAIVER OF INDUSTRIAL INSURANCE IMMUNITY. CONTRACTOR WAIVES ANY RIGHT OF
<br /> CONTRIBUTION AGAINST THE CITY. IT IS AGREED AND MUTUALLY NEGOTIATED
<br /> THAT IN ANY AND ALL CLAIMS AGAINST THE CITY, ITS AGENTS OR EMPLOYEES,
<br /> THE CONTRACTOR, A SUBCONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY
<br /> EMPLOYED BY THE CONTRACTOR OR SUBCONTRACTOR, OR ANYONE FOR WHOSE
<br /> ACTS ANY OF THEM MAY BE LIABLE, THE DEFENSE AND INDEMNIFICATION
<br /> OBLIGATIONS HEREUNDER SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION
<br /> ON THE AMOUNT OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR
<br /> FOR THE CONTRACTOR OR ANY SUBCONTRACTOR UNDER INDUSTRIAL WORKER'S
<br /> COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEES'
<br /> BENEFIT ACTS. CONTRACTOR'S AND CITY'S SIGNATURES HERETO INDICATE
<br /> SPECIFIC WAIVER OF CONTRACTOR'S INDUSTRIAL INSURANCE IMMUNITY IN
<br /> ORDER TO FULFILL THIS INDEMNITY. SOLELY FOR THE PURPOSE OF
<br /> INDEMNIFICATION AND DEFENSE AS PROVIDED IN THIS CONTRACT, THE
<br /> CONTRACTOR SPECIFICALLY WAIVES ANY IMMUNITY UNDER THE STATE
<br /> INDUSTRIAL INSURANCE LAW, TITLE 51 RCW. THE CONTRACTOR EXPRESSLY
<br /> ACKNOWLEDGES THAT THIS WAIVER OF IMMUNITY UNDER TITLE 51 RCW WAS THE
<br /> SEI to SRI Intertie, SRO8 Rehab Division C -CONTRACT WO No.—UP3714
<br /> SP-33
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