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subcontractors/sub consultants)relating to this Agreement,whether such Claims sound in contract,
<br /> tort,or any other legal theory. The Service Provider is obligated to defend and indemnify the City
<br /> pursuant to this Section 10 whether a Claim is asserted directly against the City, or whether it is
<br /> asserted indirectly against the City, e.g., a Claim is asserted against someone else who then seeks
<br /> ' contribution or indemnity from the City. The Service Provider's duty to defend and indemnify
<br /> pursuant to this Section 10 is not in any way limited to,or by the extent of,insurance obtained by,
<br /> obtainable by, or required of the Service Provider. The Service Provider's obligations under this
<br /> Section 10 shall not apply to Claims caused by the sole negligence of the City. If (1) RCW
<br /> 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from the
<br /> concurrent negligence of(a)the Service Provider,its employees,subcontractors/sub consultants or
<br /> agents and(b)the City,then the Service Provider's obligations under this Section 10 shall apply
<br /> only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties
<br /> to indemnify and defend the City, the Service Provider specifically waives any immunity it may i
<br /> have under the State Industrial Insurance Law, Title 51 RCW. The Service Provider recognizes '
<br /> that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the
<br /> provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in this Section
<br /> 10: (1)"City"includes the City,the City's officers,employees,agents,and representatives and(2)
<br /> "Claims" include, but is not limited to, any and all losses, penalties, fines, claims, demands,
<br /> expenses (including,but not limited to, attorney's fees and litigation expenses), suits,judgments,
<br /> or damages, irrespective of the type of relief sought or demanded, such as money or injunctive
<br /> relief, and irrespective of whether the damage alleged is bodily injury, damage to property,
<br /> economic loss, general damages, special damages, or punitive damages or infringement or
<br /> misappropriation of any patent, copyright, trade secret, or other proprietary right. If, and to the
<br /> i
<br /> extent, Service Provider employs or engages subconsultants or subcontractors, then Service
<br /> Provider shall ensure that each such subconsultant and subcontractor (and subsequent tiers of
<br /> subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to the •
<br /> extent and on the same terms and conditions as the Service Provider pursuant to this Section 10. -
<br /> The provisions of this Section 10 shall survive the expiration or termination of this Agreement.
<br /> 11. Insurance.
<br /> A. Service Provider shall comply with the following conditions and procure and keep in force
<br /> during the term of this Agreement, at Service Provider's own cost and expense, the following
<br /> policies of insurance with companies authorized to do business in the State of Washington,which
<br /> are rated at least"A"or better and with a numerical rating of no less than seven(7),by A.M. Best
<br /> Company and which are acceptable to the City.
<br /> 1. Workers' Compensation Insurance as required by Washington law and Employer's
<br /> Liability Insurance with limits not less than $1,000,000 per occurrence. If the City
<br /> authorizes sublet work, the Service Provider shall require each subcontractor to provide
<br /> Workers' Compensation Insurance for its employees, unless the Service Provider covers
<br /> such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br /> less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate,
<br /> including but not limited to: premises/operations (including off-site operations), blanket .
<br /> contractual liability and broad form property damage.
<br /> Page 4
<br /> (Form Approved by City Attorney's Office January 7,2010,updated November 4,2020)
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