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that such insurance shall apply as primary insurance on behalf of such Additional <br /> Insureds or (2) a true copy of the blanket additional insured clause from the policies. <br /> Receipt by the CLIENT of any certificate showing less coverage than required is not a <br /> waiver of the CONSULTANT's obligations to fulfill the requirements. <br /> E. If the policy listed in Section 9.A.4. above, Professional Errors and Omissions <br /> Insurance, is on a claims made policy form, the retroactive date on the policy shall be <br /> the effective date of this Agreement or prior. The retroactive date of any subsequent <br /> renewal of such policy shall be the same as the original policy provided. The <br /> extended reporting or discovery period on a claims made policy form shall not be less <br /> than 36 months following expiration of the policy. <br /> F. CONSULTANT certifies that it is aware of the provisions of Title 51 of the Revised <br /> Code of Washington that requires every employer to be insured against liability of <br /> Workers' Compensation, or to undertake self-insurance in accordance with the <br /> provisions of that Title. CONSULTANT shall comply with the provisions of Title 51 of <br /> the Revised Code of Washington before commencing the performance of the Work. <br /> CONSULTANT shall provide the CLIENT with evidence of Workers' Compensation <br /> Insurance (or evidence of qualified self-insurance) before any work is commenced. <br /> G. In case of the breach of any provision of this Section 9, the CLIENT may, at its option <br /> and with no obligation to do so, provide and maintain at the expense of <br /> CONSULTANT, such types of insurance in the name of the CONSULTANT, and with <br /> such insurers, as the CLIENT may deem proper, and may deduct the cost of providing <br /> and maintaining such insurance from any sums which may be found or become due <br /> to CONSULTANT under this Agreement or may demand CONSULTANT to promptly <br /> reimburse the CLIENT for such cost. <br /> 10. Independent Contractor. The CONSULTANT and the CLIENT agree that the CONSULTANT <br /> is an independent contractor with respect to the services provided pursuant to this <br /> Agreement. Nothing in this Agreement shall be considered to create the relationship of <br /> employer and employee between the parties hereto. Neither the CONSULTANT nor any <br /> employee of the CONSULTANT shall be entitled to any benefits accorded CLIENT or City <br /> employees by virtue of the services provided under this Agreement.The CLIENT shall not <br /> be responsible for withholding or otherwise deducting federal income tax or Social <br /> Security or for contributing to the state industrial insurance program, otherwise assuming <br /> the duties of an employer with respect to the CONSULTANT, or any employee of the <br /> CONSULTANT. CONSULTANT must comply with all federal and state laws and <br /> regulations applicable to independent contractors. CONSULTANT agrees to indemnify <br /> and defend the CLIENT from and against any claims, valid or otherwise, made against the <br /> CLIENT because of these obligations. <br /> 11. Covenant Against Contingent Fees. The CONSULTANT warrants that it has not employed <br /> or retained any company or person, other than a bona-fide employee working solely for <br /> the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to <br /> 5 <br />