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incident to anyacts, errors, omissions, or conduct byArtist (or its employees,
<br /> agents,
<br /> representatives or support personnel) relating to this Agreement, whether such Claims sound in
<br /> contract, tort, or any other legal theory. Solely and expressly for the purpose of its duties to
<br /> indemnify and defend the City,the Artist specifically waives any immunity it may have under the
<br /> State Industrial Insurance Law,Title 51 RCW. The Artist recognizes that this waiver of immunity
<br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and
<br /> was the subject of mutual negotiation. As used in this paragraph: (1) "City" includes the City's
<br /> officers, employees, agents, and representatives and(2) "Claims" include, but is not limited to,
<br /> any and all losses, claims, demands, expenses (including, but not limited to, attorney's fee and
<br /> •litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or
<br /> demanded,such as money or injunctive relief, and irrespective of whether the damage alleged is
<br /> bodily injury, damage to property, economic loss, general,damages,special damages, or punitive
<br /> damages.
<br /> 10. Insurance. Artist shall procure and keep in force during the term of this Agreement, at
<br /> Artist's own cost and expense, automobile liability insurance on all vehicles used by Artist in the
<br /> performance of its duties under this Agreement. Proof of insurance shall be provided to the City
<br /> prior to performing any services hereunder. A statement certifying that no vehicle will be used in
<br /> fulfilling this Agreement may be substituted for this insurance requirement.
<br /> 11. Independent Artist. Artist is an independent contractor,and not an employee. Artist shall
<br /> be responsible for all obligations relating to taxes(payroll, sales, use,income, industrial insurance
<br /> (Workmen's Compensation, etc.),fees,licenses, excises or payments required by any city,federal
<br /> or state law).
<br /> 12. CompIiance with Laws. Artist shall comply with all applicable federal, state and local
<br /> laws and regulations, including, but not limited to,providing access to auditors to examine all of
<br /> the Artist's records and documents with respect to all matters covered by this Agreement,obtaining
<br /> a City and State business license, and fulfilling state Department of Revenue and Labor and
<br /> Industries requirements. •
<br /> 13. Equal Employment Opportunity. Artist shall not discriminate against any employee,
<br /> applicant for employment, independent contractor, or proposed independent contractor, on the
<br /> basis of race, color, religion, sex,age,disability, marital state, or national origin.
<br /> 14. Venue. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court
<br /> of Snohomish County,Washington.
<br /> •
<br /> 15. Governing Law. The laws of the State of Washington, without giving effect to principle
<br /> of conflict of laws,govern all matters arising out of or relating to this Agreement.
<br /> Page 4
<br /> (Form Approved by City Attorney's Office July 13, 2011, updated January 6, 2022)
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