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b. Nothing contained in G-120 and G-130 shall be construed as relieving Purchaser of <br /> responsibility for,or damage resulting from,Purchaser's operations or negligence,nor <br /> shall Purchaser be relived from full responsibility for making good any defective work <br /> or materials. <br /> (i-140 Indemnity <br /> To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold <br /> harmless City and all officials, agents and employees of City, from and against all <br /> Claims arising out of or resulting from the performance of this Contract. "Claim" as <br /> used in this Contract means any and all financial loss, claim, suit, action, damage, or <br /> expense, including but not limited to attorneys' fees, attributable for bodily injury, <br /> sickness, disease or death, or injury to or destruction of tangible property including loss <br /> of use resulting therefrom. Purchaser's obligations to indemnify, defend, and hold <br /> harmless includes any Claim by Purchaser's agents, employees, representatives, or any <br /> subcontractor or its employees. Purchaser expressly agrees to indemnify, defend, and <br /> hold harmless City for any claim arising out of or incident to Purchaser's or any <br /> subcontractors' performance or failure to perform the Contract. Purchaser's obligation <br /> to indemnify, defend, and hold harmless City shall not be eliminated or reduced by any <br /> actual or alleged concurrent negligence of City or its agents, agencies, employees and <br /> officials. Purchaser waives its immunity under Title 51 RCW to the extent it is <br /> required to indemnify, defend and hold harmless City and its agents, officials, agents or <br /> employees and acknowledges this was mutually negotiated. This clause G-140 <br /> survives termination or expiration of this Contract. <br /> G-150 Liability Insurance <br /> Purchaser shall, at its cost and expense, buy and maintain insurance of the types and <br /> amounts listed below. Failure to buy and maintain the required insurance may result in <br /> a breach and/or termination of the Contract at City's option. City may suspend <br /> Purchaser operations until required insurance has been secured. <br /> All insurance and surety bonds should be issued by companies admitted to do business <br /> within the State of Washington and have a rating of A-, Class VII or better in the most <br /> recently published edition of Best's Reports. Any exception shall be reviewed and <br /> approved by the City's Risk Manager before the insurance coverage is accepted. If an <br /> insurer is not admitted, all insurance policies and procedures for issuing the insurance <br /> policies must comply with Chapter 48.15 RCW. <br /> The City shall be provided written notice before cancellation or non-renewal of any <br /> insurance referred to therein, in accord with the following specifications: <br /> 1. Insurers subject to Chapter 48.18 RCW(admitted and regulated by the <br /> Insurance Commissioner): The insurer shall give the City 45 days advance <br /> notice of cancellation or non-renewal. If cancellation is due to non-payment <br /> of premium, the City shall be given 10 days advance notice of cancellation. <br /> Page 10 of 34 <br /> 4/15/21 Agreement No.2021-01 <br />