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<br /> City of Everett 00 52 13 - 4
<br /> Water Filter Plant Portal 4 Improvements WO# 3755 I
<br /> C. As used in this section: (1) "City" includes the City's officers, employees, agents, and
<br /> representatives; (2) "Claims" include all losses, claims, demands, expenses (including,
<br /> but not limited to, attorney's fees and litigation expenses), suits, judgments, or damage,
<br /> whether threatened, asserted or filed against the City, whether such Claims sound in
<br /> tort, contract, or any other legal theory, whether such Claims have been reduced to
<br /> judgment or arbitration award, irrespective of the type of relief sought or demanded
<br /> (such as money or injunctive relief), and irrespective of the type of damage alleged
<br /> (such as bodily injury, damage to property, economic loss, general damages, special
<br /> damages, or punitive damages); and (3) "Contractor" includes Contractor, its
<br /> employees, agents, representatives and subcontractors. If, and to the extent,
<br /> Contractor employs or engages subcontractors, then Contractor shall ensure that each
<br /> such subcontractor (and subsequent tiers of subcontractors) shall expressly agree to
<br /> defend and indemnify and hold harmless the City to the extent and on the same terms
<br /> and conditions as the Contractor pursuant to this section. 1
<br /> 9. Insurance. The Contractor shall purchase and maintain such insurance as set forth
<br /> in the Contract Documents. Failure to maintain such insurance shall be a material I
<br /> breach of the Contract. The City shall be entitled to damages for such a breach that
<br /> include, but are not limited to, any loss (including, but not limited to, third party litigation
<br /> expenses and professional fees) suffered by the City if the City is determined to be
<br /> solely or concurrently negligent, and if the City suffers any loss or must pay or defend
<br /> against any such claim, suit, demand or damage as a result of such breach.
<br /> 10 Waiver of Industrial Insurance Immunity. Contractor waives any right of
<br /> contribution against the City. It is agreed and mutually negotiated that in any and all
<br /> claims against the City, its agents or employees, the Contractor, a subcontractor,
<br /> anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for
<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.
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<br /> 00 52 13 -4 AGREEMENT FORM
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