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8. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the <br /> Contract Documents. Failure to maintain such insurance shall be a material breach of the <br /> ' Contract. City shall be entitled to damages for such a breach that include, but are not limited <br /> to, any loss (including, but not limited to, third party litigation expenses and professional fees) <br /> suffered by the City if the City is determined to be solely or concurrently negligent, and if the City <br /> ' suffers any loss or must pay or defend against any such claim, suit, demand or damage as a result of <br /> such breach. <br /> ' 9. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against <br /> the City. It is agreed and mutually negotiated that in any and all claims against the City, its agents or <br /> employees,the Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor or <br /> ' subcontractor, or anyone for whose acts any of them may be liable,the defense and indemnification <br /> obligations hereunder shall not be limited in any way by any limitation on the amount of damages, <br /> compensation, or benefits payable by or for the Contractor or any subcontractor under industrial <br /> ' worker's compensation acts, disability benefit acts, or other employees' benefit acts. Contractor's and <br /> City's signatures hereto indicate specific waiver of Contractor's industrial insurance immunity in order to <br /> fulfill the indemnities hereunder. Solely for the purpose of indemnification and defense as provided in <br /> this Contract, the Contractor specifically waives any immunity under the State Industrial Insurance Law, <br /> Title 51 RCW.The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW <br /> was the subject of mutual negotiation and was specifically entered into pursuant to the provisions of <br /> ' RCW 4.24.115. <br /> 8. Repair of Damage.The Contractor agrees to repair and replace all property of the City and all <br /> ' property of others damaged by it, its employees, subcontractors, suppliers and agents. <br /> 9. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under this <br /> contract is to be done at the Contractor's risk and that: (1) prior to submitting its Bid it became familiar <br /> with the conditions of excavation, subsurface, backfill, materials, climatic conditions, location,traffic, <br /> and other contingencies that may affect the work and has made its bid accordingly and (2) that it <br /> assumes the responsibility and risk of all loss or damage to materials or work that may arise from any <br /> cause whatsoever prior to completion. <br /> ' 10. Headings for Convenience Only.The headings in this document are for convenience only, <br /> and shall not be used or considered to interpret or construe this document. <br /> ' 11. Effective Date.This Contract is effective as of the date of the last person to sign it, and may be <br /> executed in multiple counterparts, each of which shall be deemed an original. <br /> ' [Remainder of Page Intentionally Left Blank] <br /> Rotary Park Renovation <br /> I <br />