|
(b) Concurrent Fault. This Section does not purport to indemnify the City
<br /> against liability for Covered Claims caused by or resulting from the sole gross negligence or willful
<br /> misconduct of the City, its officers, employees and agents. If Covered Claims are caused by or
<br /> result from the concurrent negligence of (i) the City, its officers, employees or agents, and (ii)
<br /> Licensee, its agents, servants, employees, officers, subcontractors, sublicensees, sublicensees,
<br /> successors or assigns, then this Section will provide the City the maximum indemnification
<br /> permitted by law.
<br /> (c) Washington Law. This Section is specifically and expressly intended to
<br /> constitute a waiver of Licensee's immunity under Washington's Industrial Insurance Act, RCW
<br /> Title 51, to the full extent necessary to provide the City with a full and complete indemnity from
<br /> claims made by Licensee and its employees, to maximum extent allowed by law. THE CITY AND
<br /> LICENSEE ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION WERE
<br /> SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.
<br /> (d) Waiver and Release. The City shall not be liable to Licensee, or its
<br /> directors, officers, shareholders, agents, employees, invitees, sublicensees, contractors or
<br /> licensees, for any loss, injury or damage to Licensee or any other person, or to its or their
<br /> property, irrespective of the cause of such injury, damage or loss, unless, and then only to the
<br /> extent, it is caused by or results from the gross negligence or willful misconduct of the City or its
<br /> employees without contributory negligence on the part of Licensee or any of its directors,
<br /> officers, shareholders, employees, agents, invitees, sublicensees, licensees or contractors. As a
<br /> material part of the consideration to the City for this License, Licensee hereby waives and
<br /> releases all claims against the City with respect to all matters for which the City has disclaimed
<br /> liability pursuant to the provisions of this License.
<br /> 15. INSURANCE/WAIVER OF SUBROGATION.
<br /> (a) Licensee Insurance. Licensee shall, throughout the Term, at its own
<br /> expense, keep and maintain in full force and effect the following policy, which shall be endorsed
<br /> as needed to provide that the insurance afforded by the policy is primary and that all insurance
<br /> or self-insured retention carried or maintained by the City is strictly excess and secondary and
<br /> shall not contribute with Licensee's liability insurance:
<br /> A policy of commercial general liability insurance insuring against claims of bodily
<br /> injury and death or property damage or loss with a combined single limit at the
<br /> Effective Date of this License of not less than Two Million Dollars ($2,000,000.00)
<br /> per occurrence. Licensee shall include the City as an additional insured.
<br /> The insurance policy required under this Section shall be with companies having a rating
<br /> according to Best's Insurance Key Rating Guide for Property—Casualties of no less than A- Class
<br /> VIII. The policy shall provide that it is not subject to cancellation, lapse or reduction in coverage
<br /> except after thirty (30) days' written notice to the City. Licensee shall deliver to the City, prior to
<br /> the commencement of its occupation of the Licensed Property and from time to time thereafter,
<br /> 4
<br />
|