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in contract, tort, or any other legal theory. The Service Provider is obligated to defend and
<br />indemnify the City pursuant to this Section 10 whether a Claim is asserted directly against the
<br />City, or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone
<br />else who then seeks contribution or indemnity from the City. The Service Provider's duty to
<br />defend and indemnify pursuant to this Section 10 is not in any way limited to, or by the extent of,
<br />insurance obtained by, obtainable by, or required of the Service Provider. The Service Provider's
<br />obligations under this Section 10 shall not apply to Claims caused by the sole negligence of the
<br />City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results
<br />from the concurrent negligence of (a) the Service Provider, its employees,
<br />subcontractors/subconsultants or agents and (b) the City, then the Service Provider's obligations
<br />under this Section 10 shall apply only to the extent allowed by RCW 4.24.115. Solely and
<br />expressly for the purpose of its duties to indemnify and defend the City, the Service Provider
<br />specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51
<br />RCW. The Service Provider recognizes that this waiver of immunity under Title 51 RCW was
<br />specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual
<br />negotiation. As used in this Section 10: (1) "City" includes the City, the City's officers, employees,
<br />agents, and representatives and (2) "Claims" include, but is not limited to, any and all losses,
<br />penalties, fines, claims, demands, expenses (including, but not limited to, attorney's fees and
<br />litigation expenses), suits, judgments, or damages, irrespective of the type of relief sought or
<br />demanded, such as money or injunctive relief, and whether the damage alleged is bodily injury,
<br />damage to property, or other type of event or theory of recovery. If, and to the extent, Service
<br />Provider employs or engages subconsultants or subcontractors, then Service Provider shall ensure
<br />that each such subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br />subcontractors) shall expressly agree to defend and indemnify the City to the extent and on the
<br />same terms and conditions as the Service Provider pursuant to this Section 10. The provisions of
<br />this Section 10 shall survive the expiration or termination of this Agreement
<br />11. Insurance.
<br />A. Service Provider shall comply with the following conditions and procure and keep in force
<br />during the term of this Agreement, at Service Provider's own cost and expense, the following
<br />policies of insurance with companies authorized to do business in the State of Washington, which
<br />are rated at least "A" or better and with a numerical rating of no less than seven (7), by A.M. Best
<br />Company and which are acceptable to the City.
<br />1. Workers' Compensation Insurance as required by Washington law and Employer's
<br />Liability Insurance with limits not less than $1,000,000 per occurrence. If the City
<br />authorizes sublet work, the Service Provider shall require each subcontractor to provide
<br />Workers' Compensation Insurance for its employees, unless the Service Provider covers
<br />such employees.
<br />2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br />less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate,
<br />including but not limited to: premises/operations (including off -site operations), blanket
<br />contractual liability and broad form property damage.
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