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tort,or any other legal theory. The Service Provider is obligated to defend and indemnify and save
<br /> harmless the City pursuant to this Section 10 whether a Claim is asserted directly against the City,
<br /> or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone else
<br /> who then seeks contribution or indemnity from the City. The Service Provider's duty to defend
<br /> and indemnify and save harmless pursuant to this Section 10 is not in any way limited to,or by the
<br /> extent of, insurance obtained by, obtainable by, or required of the Service Provider. The Service
<br /> Provider's obligations under this Section 10 shall not apply to Claims caused by the sole
<br /> negligence of the City. If(1)RCW 4.24.115 applies to a particular Claim, and(2) such Claim is
<br /> caused by or results 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 and save harmless the City, the
<br /> Service Provider specifically waives any immunity it may have under the State Industrial Insurance
<br /> Law,Title 51 RCW. The Service Provider recognizes that this waiver of immunity under Title 51
<br /> RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the
<br /> subject of mutual negotiation. As used in this Section 10: (1) "City"includes the City,the City's
<br /> officers, employees, agents, and representatives and (2) "Claims" include, but is not limited to,
<br /> any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to,
<br /> attorney's fees and litigation expenses), suits,judgments, or damages, irrespective of the type of
<br /> relief sought or demanded, such as money or injunctive relief, and irrespective of whether the
<br /> damage alleged is bodily injury, damage to property, economic loss, general damages, special
<br /> damages,or punitive damages or infringement or misappropriation of any patent,copyright,trade
<br /> secret, or other proprietary right. If, and to the extent, Service Provider employs or engages
<br /> subconsultants or subcontractors,then Service Provider shall ensure that each such subconsultant
<br /> and subcontractor (and subsequent tiers of subconsultants and subcontractors) shall expressly
<br /> agree to defend and indemnify and save harmless the City to the extent and on the same terms and
<br /> conditions as the Service Provider pursuant to this Section 10. The provisions of this Section 10
<br /> 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.
<br /> Page 4
<br /> (Form Approved by City Attorney's Office January 7,2010,updated March 13,2022)
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