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connection with, or arising out of, this Contract, or resulting from Contractor's (or <br /> its subcontractor's or supplier's) performance of, or failure to perform, its express <br /> and implied obligations under the Contract. <br /> B. Contractor shall pay any judgment that may be obtained against the City, its <br /> officers, employees, agents or third persons in such suit. The Contractor's <br /> obligations under this Section 8 shall not apply to loss, claims, demands, suits, <br /> damage, or liability caused by the sole negligence of the City. <br /> C. Application of RCW 4.24.115. <br /> If RCW 4.24.115 applies to a particular loss, claim, demand, suit, damage, or <br /> liability, and such loss, claim, demand, suit, damage, or liability is caused by <br /> or results from the concurrent negligence of (a) the Contractor, its <br /> employees, subcontractors/subconsultants or agents and (b) the City or its <br /> agents or employees, then the Contractor's obligations under this Section 8 <br /> shall apply only to the extent allowed by RCW 4.24.115. <br /> D. The City shall give Contractor reasonable notice of such claim. The City retains the <br /> right to approve claims investigation and counsel assigned to said claim and all <br /> investigation and legal work regarding said claim shall be performed under a <br /> fiduciary relationship to the City. <br /> 9. Insurance. <br /> A. The Contractor shall purchase and maintain such insurance as set forth in the <br /> Contract Documents. <br /> B. Failure to maintain such insurance shall be a material breach of the Contract. City <br /> shall be entitled to damages for such a breach that include, but are not limited to, <br /> 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 <br /> concurrently negligent, and if the City suffers any loss or must pay or defend against <br /> any such claim, suit, demand or damage as a result of such breach. <br /> 10. Waiver of Industrial Insurance Immunity. <br /> A. Contractor waives any right of contribution against the City. <br /> B. It is agreed and mutually negotiated that in any and all claims against the City, its <br /> agents or employees, the Contractor, a subcontractor, anyone directly or indirectly <br /> employed by the Contractor or subcontractor, or anyone for whose acts any of <br /> them may be liable, the defense and indemnification obligations hereunder shall <br /> 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 <br /> Replacement of Reservoir 2 Contract <br /> WO# UP3658 00 60 13 - 4 <br />