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Contractor's and City's initials hereto indicate specific waiver of Contractor's industrial <br /> insurance immunity in order to fulfill this indemnity.Solely for the purpose of <br /> indemnification and defense as provided in this Contract,the Contractor specifically waives <br /> any immunity under the State Industrial Insurance Law,Title 51 RCW.The Contractor <br /> expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of <br /> mutual negotiation and was specifically entered into pursuant to the provisions of RCW <br /> 4.24.115. <br /> 11. 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 /> 12. 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 proposal or <br /> quote, it became familiar with the conditions of excavation, subsurface, backfill, materials, <br /> climatic conditions, location,traffic, and other contingencies that may affect the work and <br /> has made its quote or proposal accordingly and (2) that it assumes the responsibility and risk <br /> of all loss or damage to materials or work which may arise from any cause whatsoever prior <br /> to completion. <br /> 13. Headings for Convenience Only.The headings in this document are for convenience only and <br /> shall not be used or considered to interpret or construe this document. <br /> 14. Effective Date.This Contract is effective as of the date of the last person to sign it and may <br /> be executed in multiple counterparts, each of which shall be deemed an original. <br /> (Remainder of Page Intentionally Left Blank;Signature Page Follows] <br />