The Boeing Co. 9/29/2021 Amendment 4

DocuSign Envelope ID:62EC1800-F2AD-4A11-B387-OBFB96CB3192 Indemnity. Boeing will indemnify,defend and hold harmless the City from and against all actions, causes of action, liabilities, claims, suits,penalties, fines, judgments, liens, awards, damages, costs and expenses of any kind whatsoever (including,without limitation, reasonable attorneys' fees) (hereinafter"Claims"), for injury to or death of any person(including without limitation claims brought by employees or invitees of Boeing or any Boeing Party) or damage to or loss of any property to the extent such Claims arise out of the Work or the presence on the Property of Boeing, any Boeing Party or their respective employees or invitees pursuant to this Agreement,but excluding any Claims to the extent they arise out of the negligence or willful misconduct of City, its agents, employees, contractors, or invitees. The foregoing indemnity, defense and hold harmless includes without limitation indemnification, defense and hold harmless from and against all Claims arising out of or relating to monitoring wells installed by Boeing on the Property or to any substance that Boeing(including its employees, contractors, agents, or invitees) injects into or extracts from such monitoring wells. In the event that Boeing is successful in proving that the foregoing indemnity is limited by applicable law(including RCW 4.24.115), Boeing shall defend, indemnify and hold harmless the City to the full extent allowed by applicable law. Solely and expressly for the purpose of its duties to indemnify and defend and hold harmless the City, Boeing specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. Boeing recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. The foregoing agreement to indemnify, defend, and hold harmless is conditioned upon City providing notice to Boeing within a reasonable time after City receives notice of any claim or occurrence that is likely to give rise to a claim that will fall within the scope of the foregoing indemnity,providing Boeing an opportunity to defend or settle such claim, and cooperating reasonably with Boeing in any defense or settlement of the claim or liability. This Section 6 survives termination or expiration of this Agreement. 3. Miscellaneous Provisions Applicable to this Amendment. 3.1 This Amendment will be effective immediately upon execution and delivery by the parties. 3.2 This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. This Amendment may be executed by facsimile,by pdf, or through electronic means such as DocuSign, each of which will be deemed equivalent to execution by hand. --2 --