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7. Indemnification. Except as otherwise provided in this section,the Contractor
<br /> hereby agrees to save, hold harmless,defend, and indemnify the City, its officers,employees and
<br /> agents from any and all loss,claims, demands,suits,damage,or liability of any kind whatsoever,
<br /> whether or not reduced to judgment or arbitration award, in connection with, or arising out of,this
<br /> Contract,or resulting from Contractor's(or its subcontractor's or supplier's) performance of, or failure
<br /> to perform, its express and implied obligations under the Contract. Contractor shall pay any judgment
<br /> that may be obtained against the City, its officers,employees,agents or third persons in such suit. The
<br /> Contractor's obligations under this Section 8 shall not apply to loss, claims,demands,suits,damage, or
<br /> liability caused by the sole negligence of the City. If(1) RCW 4.24.115 applies to a particular loss,
<br /> claim, demand,suit, damage, or liability,and (2) such loss,claim, demand, suit, damage, or liability is
<br /> caused by or results from the concurrent negligence of(a)the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b)the City or its agents or employees,then the
<br /> Contractor's obligations under this Section 8 shall apply only to the extent allowed by RCW 4.24.115.
<br /> The City shall give Contractor reasonable notice of such claim.The City retains the right to approve
<br /> claims investigation and counsel assigned to said claim and all investigation and legal work regarding
<br /> said claim shall be performed under a fiduciary relationship to the City.
<br /> 8. Insurance. The Contractor shall purchase and maintain such insurance as set forth in
<br /> the Contract Documents Failure to maintain such insurance shall be a material breach of the Contract.
<br /> City shall be entitled to damages for such a breach that include, but are not limited to, any loss
<br /> (including, but not limited to,third party litigation expenses and professional fees) suffered by the City
<br /> if the City is determined to be solely or concurrently negligent, and if the City suffers any loss or must
<br /> pay or defend against any such claim, suit, demand or damage as a result of such breach.
<br /> 9. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution
<br /> against the City. It is agreed and mutually negotiated that in any and all claims against the City, its
<br /> agents or employees,the Contractor,a subcontractor, anyone directly or indirectly employed by the
<br /> Contractor or subcontractor,or anyone for whose acts any of them may be liable,the defense and
<br /> indemnification obligations hereunder shall not be limited in any way by any limitation on the amount
<br /> of damages, compensation,or benefits payable by or for the Contractor or any subcontractor under
<br /> industrial worker's compensation acts, disability benefit acts, or other employees' benefit acts.
<br /> Contractor's and City's initials hereto indicate specific waiver of Contractor's industrial insurance
<br /> immunity in order to fulfill this indemnity. Solely for the purpose of indemnification and defense as
<br /> provided in this Contract,the Contractor specifically waives any immunity under the State Industrial
<br /> Insurance Law,Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity
<br /> under Title 51 RCW was the subject of mutual negotiation and was specifically entered into pursuant to
<br /> the provisions of RCW 4.24.115.
<br /> 10. Repair of Damage. The Contractor agrees to repair and replace all property of the
<br /> City and all property of others damaged by it, its employees,subcontractors,suppliers and agents.
<br /> 11. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under
<br /> this Contract is to be done at the Contractor's risk and that: (1) prior to submitting its proposal or
<br /> quote, it became familiar with the conditions of excavation, subsurface, backfill, materials, climatic
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