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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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