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5.2.2 As determined by the Project Manager, progress payments shall be made per the Project Payment
<br />Schedule.
<br />5.2.3 Per RCW 39.10.450, for purposes of chapters 39.08, 39.12, 39.76, and 60.28 RCW, each Job order issued shall
<br />be treated as a separate contract. Contractor will provide the bonds as set forth in the RFP and in the
<br />General Conditions on the forms provided by the City.
<br />SECTION 6 INDEMNIFICATION
<br />The indemnity and defense obligations in this Section 6 are in addition to any other indemnity and defense
<br />obligation elsewhere in the Contract Documents.
<br />A. Contractor will defend and indemnify the City from any and all Claims arising out of, in connection
<br />with, or incident to any acts, errors, omissions, or conduct by Contractor relating to, or arising out of its performance
<br />of, this Contract. The Contractor will defend and indemnify the City whether a Claim is asserted directly against the
<br />City, or whether a Claim is asserted indirectly against the City, e.g., a Claim is asserted against someone else who
<br />then seeks contribution or indemnity from the City. The amount of insurance obtained by, obtainable by, or required
<br />of the Contractor does not in any way limit the Contractor's duty to defend and indemnify the City. The City retains
<br />the right to approve Claims investigation and counsel assigned to said Claim and all investigation and legal work
<br />regarding said Claim shall be performed under a fiduciary relationship to the City.
<br />B. The Contractor's obligations under this Section shall not apply to Claims caused by the sole
<br />negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results
<br />from the concurrent negligence of (a) the Contractor, its employees, subcontractors/subconsultants or agents and
<br />(b) the City, then the Contractor's obligations under this Section 6 shall apply only to the extent allowed by RCW
<br />4.24.115.
<br />C. As used in this section: (1) "City" includes the City's officers, employees, agents, and representatives;
<br />(2) "Claims" include all losses, claims, demands, expenses (including, but not limited to, attorney's fees and litigation
<br />expenses), suits, judgments, or damage, whether
<br />threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or any other legal theory,
<br />whether such Claims have been reduced to judgment or arbitration award, irrespective of the type of relief sought or
<br />demanded (such as money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury,
<br />damage to property, economic loss, general damages, special damages, or punitive damages); and (3) "Contractor"
<br />includes Contractor, its employees, agents, representatives and subcontractors.
<br />D. Contractor waives any right of contribution against the City. It is agreed and mutually negotiated that
<br />in any and all claims against the City, its agents or employees, the Contractor, a subcontractor, anyone directly or
<br />indirectly employed by the Contractor or subcontractor, or anyone for whose acts any of them may be liable, the
<br />defense and indemnification obligations hereunder shall not be limited in any way by any limitation on the amount of
<br />damages, compensation, or benefits payable by or for the Contractor or any subcontractor under industrial worker's
<br />compensation acts, disability benefit acts, or other employees' benefit acts. Contractor's and City's signatures hereto
<br />indicate specific waiver of Contractor's industrial insurance immunity in order to fulfill this indemnity. Solely for the
<br />purpose of indemnification and defense as provided in this Contract, the Contractor specifically waives any immunity
<br />under the State Industrial Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of
<br />immunity under Title 51 RCW was the subject of mutual negotiation and was specifically entered into pursuant to the
<br />provisions of RCW 4.24.115.
<br />SECTION 7 - CONTRACTOR'S REPRESENTATIONS
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