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caused solely by the negligence of the City. If(1) RCW 4.24.115 applies to a particular <br /> Claim,and(2)the bodily injury or damage to property for which Contractor is to indemnify <br /> the City is caused by or results from the concurrent negligence of(a) the Contractor, its <br /> officers, employees, subcontractors/subconsultants or agents and (b) the City, then <br /> Contractor's indemnification shall be valid and enforceable only to the extent allowed by <br /> RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend <br /> the City, Contractor specifically waives any immunity it may have under the State <br /> Industrial Insurance Law, Title 51 RCW. Contractor recognizes that this waiver of <br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of <br /> RCW 4.24.115 and was the subject of mutual negotiation. As used in this Section: (1) <br /> "City" includes the City's officers, employees, agents, and representatives and (2) <br /> "Claims" include, but is not limited to, any and all losses, claims, demands, expenses <br /> (including, but not limited to, attorney's fees and litigation expenses), suits,judgments, or <br /> damage, irrespective of the type of relief sought or demanded,such as money or injunctive <br /> relief,and irrespective of whether the damage alleged is bodily injury,damage to property, <br /> economic loss, general damages, special damages, or punitive damages. If, and to the <br /> extent, Contractor employs or engages subconsultants or subcontractors, then Contractor <br /> shall ensure that each such subconsultant and subcontractor (and subsequent tiers of <br /> subconsultants and subcontractors) shall expressly agree to defend and indemnify the City <br /> to the extent and on the same terms and conditions as Contractor pursuant to this Section. <br /> 17. PROCUREMENT: The Contractor and City will meet from time to time to determine the <br /> most cost-effective ways to procure the Facility's operating supplies,operating equipment, <br /> inventories, and services. The City will make determinations on a case-by-case basis on <br /> procurement methods to be used. Contractor shall make available its centralized <br /> purchasing programs and/or other group buying techniques in connection with the <br /> Facility's purchase of operating supplies,operating equipment, inventories and services. If <br /> such programs are used, Contractor may receive and retain a fee or other compensation <br /> from vendors and service providers in exchange for Contractor's services in making the <br /> benefit of volume purchases available to the Facility or negotiating and implementing the <br /> arrangements with such vendors or providers,provided the total cost thereof to the Facility <br /> is competitive with that which would be charged by non-affiliated third party vendors in <br /> an arms-length transaction. <br /> 18. GENERAL PROVISIONS: <br /> A. Entire Agreement. This Agreement represents the entire understanding and <br /> agreement between the parties with respect to the subject matter hereof, and <br /> supersedes all other negotiations,understandings,and representations(if any)made <br /> by and between such parties. <br /> B. Written Amendments. The provisions of this Agreement may only be amended or <br /> supplemented in a writing signed by both parties. <br /> C. Further Amendments. The parties hereby agree from time to time to execute and <br /> deliver such further instruments and documents, and do all such other acts and <br /> things, which may be convenient or necessary to more effectively and completely, <br /> carry out the intentions of the Agreement. <br /> 11 <br />