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gross negligence or willful misconduct. Tenant shall give prompt notice to Landlord in case of
<br /> casualty or accident in the Leased Premises. This Section 15 shall survive the expiration or
<br /> termination of this Lease. For the purposes of this Lease, the claims, actions, damages, liability
<br /> and expenses for which Tenant must indemnify, defend and hold harmless the City are referred
<br /> to as "Covered Claims".
<br /> (b) Concurrent Fault. This Section does not purport to indemnify Landlord
<br /> against liability for Covered Claims caused by or resulting from the sole gross negligence or willful
<br /> misconduct of Landlord, its officers, employees and agents. If Covered Claims are caused by or
<br /> result from the concurrent negligence of (i) Landlord, its officers, employees or agents, and (ii)
<br /> Tenant, its agents, servants, employees, officers, subcontractors, sublicensees, subtenants,
<br /> successors or assigns, then this Section will provide Landlord the maximum indemnification
<br /> permitted by law.
<br /> (c) Washington Law. This Section is specifically and expressly intended to
<br /> constitute a waiver of Tenant's immunity under Washington's Industrial Insurance Act, RCW Title
<br /> 51, to the full extent necessary to provide Landlord with a full and complete indemnity from
<br /> claims made by Tenant and its employees, to maximum extent allowed by law. LANDLORD AND
<br /> TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION WERE
<br /> SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.
<br /> (d) Waiver and Release. Landlord shall not be liable to Tenant, or its directors,
<br /> officers, shareholders, agents, employees, invitees, subtenants, contractors or licensees, for any
<br /> loss, injury or damage to Tenant or any other person, or to its or their property, irrespective of
<br /> the cause of such injury, damage or loss, unless, and then only to the extent, it is caused by or
<br /> results from the gross negligence or willful misconduct of Landlord or its employees without
<br /> contributory negligence on the part of Tenant or any of its directors, officers, shareholders,
<br /> employees, agents, invitees, subtenants, licensees or contractors. As a material part of the
<br /> consideration to Landlord for this Lease, Tenant hereby waives and releases all claims against
<br /> Landlord with respect to all matters for which Landlord has disclaimed liability pursuant to the
<br /> provisions of this Lease.
<br /> 16. INSURANCE/WAIVER OF SUBROGATION.
<br /> (a) Tenant Insurance. Tenant shall,throughout the Term, at its own expense,
<br /> keep and maintain in full force and effect each and every one of the following policies, each of
<br /> which shall be endorsed as needed to provide that the insurance afforded by these policies is
<br /> primary and that all insurance carried by Landlord is strictly excess and secondary and shall not
<br /> contribute with Tenant's liability insurance:
<br /> (I) A policy of commercial general liability insurance, including a
<br /> contractual liability endorsement covering Tenant's obligations under
<br /> Section 15 above, insuring against claims of bodily injury and death or
<br /> property damage or loss with a combined single limit at the
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