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I <br /> City of Everett 00 52 13 -4 <br /> I <br /> whose acts any of them may be liable, the defense and indemnification obligations <br /> 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 <br /> industrial worker's compensation acts, disability benefit acts, or other employees' <br /> benefit acts. Contractor's and City's signatures hereto indicate specific waiver of <br /> Contractor's industrial insurance immunity in order to fulfill the indemnities hereunder. <br /> Solely for the purpose of indemnification and defense as provided in this Contract, the <br /> Contractor specifically waives any immunity under the State Industrial Insurance Law, <br /> Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity <br /> under Title 51 RCW was the subject of mutual negotiation and was specifically entered <br /> into pursuant to the provisions of RCW 4.24.115. 1 <br /> 8. Repair of Damage. The Contractor agrees to repair and replace all property of the <br /> City and all property of others damaged by it, its employees, subcontractors, suppliers <br /> and agents. <br /> 9. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work <br /> under this contract is to be done at the Contractor's risk and that: (1) prior to submitting I <br /> its proposal or bid, it became familiar with the conditions of excavation, subsurface, <br /> backfill, materials, climatic conditions, location, traffic, and other contingencies that may <br /> affect the work and has made its bid or proposal accordingly and (2) that it assumes the <br /> 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 <br /> convenience only, and shall not be used or considered to interpret or construe this <br /> document. I <br /> 11.Effective Date. This Contract is effective as of the date of the last person to sign it, <br /> and may be executed in multiple counterparts, each of which shall be deemed an <br /> original. <br /> [Remainder of Page Intentionally Left Blank] ' <br /> I <br /> I <br /> I <br /> I <br /> 00 52 13 - 4 AGREEMENT FORM <br />