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extent of, insurance obtained by, obtainable by, or required of TC Technology. TC Technology
<br /> shall not indemnify the City for Claims caused solely by the negligence of the City. Solely and
<br /> expressly for the purpose of its duties to indemnify and defend the City, TC Technology
<br /> specifically waives any immunity it may have under the State Industrial Insurance Law,Title 51
<br /> RCW. TC Technology recognizes that this waiver of immunity under Title 51 RCW was
<br /> specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of
<br /> mutual negotiation. As used in this paragraph: (1)"City" includes the City's officers,employees,
<br /> agents,and representatives and(2)"Claims"include,but is not limited to, any and all losses,
<br /> claims,demands, expenses(including,but not limited to,attorney's fees and litigation expenses),
<br /> suits,judgments, or damage, irrespective of the type of relief sought or demanded, such as money
<br /> or injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to
<br /> property,economic loss, general damages, special damages, or punitive damages. If, and to the
<br /> extent,TC Technology employs or engages subconsultants or independent contractors, then TC
<br /> Technology shall ensure that each such sub-consultant and independent contractor(and
<br /> subsequent tiers of subconsultants and TC Technology subcontractors) shall expressly agree to
<br /> defend and indemnify the City to the extent and on the same terms and conditions as the
<br /> Contractor pursuant to this paragraph.
<br /> 14 INSURANCE
<br /> 14.1. TC Technology shall comply with the following conditions and procure and keep in force
<br /> during the term of this Agreement, at its own cost and expense, the following policies of
<br /> insurance with companies authorized to do business in the State of Washington, which are rated
<br /> at least"A" or better and with a numerical rating of no less than seven (7), by A.M. Best
<br /> Company and which are acceptable to the City.
<br /> 1. Workers' Compensation Insurance as required by Washington law and
<br /> Employer's Liability Insurance with limits not less than $1,000,000 per occurrence. If the
<br /> City authorizes sublet work, TC Technology shall require each subcontractor to provide
<br /> Workers' Compensation Insurance for its employees, unless TC Technology covers such
<br /> employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br /> less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate,
<br /> including but not limited to: premises/operations(including off-site operations),blanket
<br /> contractual liability and broad form property damage.
<br /> 3. Business Automobile Liability Insurance in an amount not less than$1,000,000
<br /> per occurrence,extending to any automobile. A statement certifying that no vehicle will
<br /> be used in accomplishing this Agreement may be substituted for this insurance
<br /> requirement.
<br /> 14.2. The above liability policies shall contain a provision that the policy shall not be canceled
<br /> or materially changed without 30 days prior written notice to the City.No cancellation provision
<br /> in any insurance policy shall be construed in derogation of the continuous duty of TC
<br /> Technology to furnish the required insurance during the term of this Agreement.
<br /> 14.3. Upon written request by the City,the insurer or his/her agent will furnish, prior to or
<br /> during any Work being performed, a copy of any policy cited above, certified to be a true and
<br /> complete copy of the original.
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