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<br /> I City of Everett 00 5213 - 3
<br /> 2021 Trickling Filter Media Replacement UP 3742-3
<br /> Iaward, in connection with, or arising out of, this Contract, or resulting from Contractor's
<br /> (or its subcontractor's or supplier's) performance of, or failure to perform, its express
<br /> I and implied obligations under the Contract. Contractor shall pay any judgment that may
<br /> be obtained against the City, its officers, employees, agents or third persons in such
<br /> suit. The Contractor's obligations under this Section 8 shall not apply to loss, claims,
<br /> demands, suits, damage, or liability caused by the sole negligence of the City. If (1)
<br /> RCW 4.24.115 applies to a particular loss, claim, demand, suit, damage, or liability, and
<br /> (2) such loss, claim, demand, suit, damage, or liability is caused by or results from the
<br /> concurrent negligence of (a) the Contractor, its employees,
<br /> Isubcontractors/subconsultants or agents and (b) the City or its agents or employees,
<br /> then the Contractor's obligations under this Section 8 shall apply only to the extent
<br /> allowed by RCW 4.24.115. The City shall give Contractor reasonable notice of such
<br /> Iclaim. The City retains the right to approve claims investigation and counsel assigned to
<br /> said claim and all investigation and legal work regarding said claim shall be performed
<br /> Iunder a fiduciary relationship to the City.
<br /> 9. Insurance. The Contractor shall purchase and maintain such insurance as set forth
<br /> I in the Contract Documents. Failure to maintain such insurance shall be a material
<br /> breach of the Contract. City shall be entitled to damages for such a breach that include,
<br /> but are not limited to, any loss (including, but not limited to, third party litigation
<br /> I expenses and professional fees) suffered by the City if the City is determined to be
<br /> solely or concurrently negligent, and if the City suffers any loss or must pay or defend
<br /> against any such claim, suit, demand or damage as a result of such breach.
<br /> I10.Waiver of Industrial Insurance Immunity. Contractor waives any right of
<br /> contribution against the City. It is agreed and mutually negotiated that in any and all
<br /> I claims against the City, its agents or employees, the Contractor, a subcontractor,
<br /> anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for
<br /> whose acts any of them may be liable, the defense and indemnification obligations
<br /> I hereunder shall 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 under
<br /> industrial worker's compensation acts, disability benefit acts, or other employees'
<br /> I benefit acts. Contractor's and City's signatures hereto indicate specific waiver of
<br /> Contractor's industrial insurance immunity in order to fulfill the indemnities hereunder.
<br /> Solely for the purpose of indemnification and defense as provided in this Contract, the
<br /> I Contractor specifically waives any immunity under the State Industrial Insurance Law,
<br /> Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity
<br /> under Title 51 RCW was the subject of mutual negotiation and was specifically entered
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<br /> into pursuant to the provisions of RCW 4.24.115.
<br /> 11.Repair of Damage. The Contractor agrees to repair and replace all property of the
<br /> I City and all property of others damaged by it, its employees, subcontractors, suppliers
<br /> and agents.
<br /> II 2.Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work
<br /> under this contract is to be done at the Contractor's risk and that: (1) prior to submitting
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<br /> 005213 - 3
<br /> AGREEMENT FORM
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