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representatives or subcontractors/subconsultants),whether such Claims sound in contract,tort,or
<br /> any other legal theory. The Service Provider is obligated to defend and indemnify the City
<br /> pursuant to this Section 10 whether a Claim is asserted directly against the City, or whether it is
<br /> asserted indirectly against the City,e.g.,a Claim is asserted against someone else who then seeks
<br /> contribution or indemnity from the City. The Service Provider's duty to defend and indemnify
<br /> pursuant to this Section 10 is not in any way limited to,or by the extent of,insurance obtained by,
<br /> obtainable by,or required of the Service Provider.The Service Provider's obligations under this
<br /> Section 10 shall not apply to Claims caused by the sole negligence of the City. If(1) RCW
<br /> 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from the
<br /> concurrent negligence of(a)the Service Provider,its employees,subcontractors/subconsultants or
<br /> agents and(b)the City, then the Service Provider's obligations under this Section 10 shall apply
<br /> only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to
<br /> indemnify and defend the City,the Service Provider specifically waives any immunity it may have
<br /> under the State Industrial Insurance Law,Title 51 RCW. The Service Provider recognizes that
<br /> this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the
<br /> provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in this Section
<br /> 10:(1)"City"includes the City,the City's officers,employees,agents,and representatives and(2)
<br /> "Claims" include, but is not limited to, any and all losses,penalties, fines, claims, demands,
<br /> expenses(including,but not limited to,attorney's fees and litigation expenses),suits,judgments,
<br /> or damages, irrespective of the type of relief sought or demanded,such as money or injunctive
<br /> relief, and irrespective of the nature,type,or description of the damage sought or demanded,and
<br /> whether the damage alleged is sought on the basis of bodily injury,damage to property,or other
<br /> type of event or theory of recovery. If,and to the extent, Service Provider employs or engages
<br /> subconsultants or subcontractors,then Service Provider shall ensure that each such subconsultant
<br /> and subcontractor(and subsequent tiers of subconsultants and subcontractors) shall expressly
<br /> agree to defend and indemnify the City to the extent and on the same terms and conditions as the
<br /> Service Provider pursuant to this Section 10. The provisions of this Section 10 shall survive the
<br /> expiration or 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,
<br /> including but not limited to: premises/operations(including off-site operations),blanket
<br /> contractual liability and broad form property damage.
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