2021/06/30 Council Agenda Packet

injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Subcontractor's obligation to indemnify, defend, and hold harmless includes any claim by Subcontractor's agents, employees, representatives, or any subgrantee/subcontractor or its employees. Subcontractor expressly agrees to indemnify, defend, and hold harmless the District for any claim arising out of or incident to Subcontractor's or any subgrantee's/subcontractor's performance or failure to perform the obligations under this Agreement. Subcontractor's indemnification, defense, and hold harmless obligations shall survive the expiration, abandonment, or termination of this Agreement. The above indemnification obligations shall include, but are not limited to, all claims against the District by an employee or former employee of the Subcontractor or its subcontractors, and the Subcontractor, by mutual negotiation, expressly waives all immunity and limitation on liability, as respects only the District under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. 14. Insurance. The Subcontractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the District should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Subcontractor, or subgrantee, or agents of either, while performing under the terms of this Grant. By requiring such minimum insurance coverage, the District shall not be deemed or construed to have assessed the risks that may be applicable to the Subcontractor under this Agreement. The Subcontractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. The Subcontractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Subcontractor to the coverage provided by such insurance, or otherwise limit the District's recourse to any remedy available at law or in equity. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the District, it officers, officials, employees and agents as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Subcontractor shall instruct the insurers to give the District thirty calendar days advance notice of any insurance cancellation or modification. During the term of the Grant, the Subcontractor shall submit renewal certificates not less than ten calendar days prior to expiration of each policy required under this section. The Subcontractor shall submit a certificate of insurance which outlines the coverage and limits defined in this insurance section. An Additional Insured Endorsement shall be included with the certificate of insurance, "CG 2010 11/85" or its equivalent is required. City of Everett / Snohomish Health District ILA 2021 Page 7 of 11