Burton Construction Inc. 11/29/2021 Amendment 1

3. No City Responsibility. Contractor specifically agrees that the City shall have no liability or responsibility whatsoever for the User Agency's use of the terms and conditions of the Contract or for the performance of the User Agency with respect to User Agency job orders. The City will not pay Contractor for any services related to User Agency job orders. The City makes no representations or warranties of any kind, including without limitation no representations or warranties regarding whether the User Agency will pay Contractor for job order construction services rendered and no representations or warranties regarding the enforceability of the terms and conditions of the JOC Contract against the User Agency. Contractor accepts job orders from the User Agency solely at Contractor's own risk. Contractor will solely look to the User Agency, and not the City, for all matters relating to job order construction services rendered to the User Agency. 4. Indemnity and Release. The Contractor releases and shall indemnify, defend and hold harmless the City and its officers,employees and agents(each such person,an "Indemnitee")from and against any and all claims,actions,damages,liability,costs and expenses,including attorney's fees,arising out of or relating to(a)Contractor's provision of services to the User Agency and(b)job orders issued by User Agency to Contractor. The foregoing indemnity, defense, and hold harmless obligation includes without limitation indemnity, defense, and hold harmless for each Indemnitee from and against any request, claim or demand for payment by Contractor or Contractor's contractors or Contractor's suppliers or Contractor's employees in connection with User Agency job orders. This Section is specifically and expressly intended to constitute a waiver of the Contractor 's immunity under Washington's Industrial Insurance Act, RCW Title 51, to the full extent necessary to provide each Indemnitee with a full and complete indemnity from claims made by the Contractor and its employees, to maximum extent allowed by law. CONTRACTOR AND CITY ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM. 5. Signature on this Amendment may be by email, fax, photocopy, pdf or other electronic means,in which case such signature will be deemed an original signature for all purposes. 6. All provisions in the Contract shall remain in effect except as expressly modified by this Amendment.