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subcontractors/subconsultants) relating to the performance of this Agreement, whether such
<br /> Claims sound in contract, tort, or any other legal theory. The Service Provider is obligated to
<br /> defend and indemnify the City pursuant to this Section 10 whether a Claim is asserted directly
<br /> against the City,or whether it is asserted indirectly against the City,e.g.,a Claim is asserted against
<br /> someone else who then seeks contribution or indemnity from the City. The Service Provider's
<br /> duty to defend and indemnify pursuant to this Section 10 is not in any way limited to, or by the
<br /> extent of, insurance obtained by, obtainable by, or required of the Service Provider. The Service
<br /> Provider's obligations under this Section 10 shall not apply to Claims caused by the sole
<br /> negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is
<br /> caused by or results from the concurrent negligence of(a) the Service Provider, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City, then the Service Provider's obligations
<br /> under this Section 10 shall apply only to the extent allowed by RCW 4.24.115. Solely and
<br /> expressly for the purpose of its duties to indemnify and defend the City, the Service Provider
<br /> specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51
<br /> RCW. The Service Provider 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 mutual
<br /> negotiation. As used in this Section 10:(1)"City"includes the City,the City's officers,employees,
<br /> agents, and representatives and (2) "Claims" include, but is not limited to, any and all losses,
<br /> penalties, fines, claims, demands, expenses (including, but not limited to, attorney's fees and
<br /> litigation expenses), suits, judgments, or damages, irrespective of the type of relief sought or
<br /> demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is
<br /> bodily injury, damage to property, economic loss, general damages, special damages, or punitive
<br /> damages or infringement or misappropriation of any patent, copyright, trade secret, or other
<br /> proprietary right. If, and to the extent, Service Provider employs or engages subconsultants or
<br /> subcontractors, then Service Provider shall ensure that each such subconsultant and subcontractor
<br /> (and subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and
<br /> indemnify the City to the extent and on the same terms and conditions as the Service Provider
<br /> pursuant to this Section 10. The provisions of this Section 10 shall survive the expiration or
<br /> termination of this Agreement.
<br /> 11. Insurance.
<br /> A. Service Provider shall comply with the following conditions and procure and keep in force
<br /> during the term of this Agreement, at Service Provider's own cost and expense, the following
<br /> policies of insurance with companies authorized to do business in the State of Washington, which
<br /> are rated 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 Employer's
<br /> Liability Insurance with limits not less than $1,000,000 per occurrence. If the City
<br /> authorizes sublet work, the Service Provider shall require each subcontractor to provide
<br /> Workers' Compensation Insurance for its employees, unless the Service Provider covers
<br /> such 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,
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