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8. Indemnification. Except as otherwise provided in this section, the Contractor
<br /> hereby agrees to save, hold harmless, defend, and indemnify the City, its officers, employees, and
<br /> agents from any and all loss, claims, demands, suits, damage, or liability of any kind whatsoever,
<br /> whether or not reduced to judgment or arbitration award, in connection with, or arising out of, this
<br /> Contract, or resulting from Contractor's (or its subcontractor's or supplier's) performance of, or failure
<br /> to perform, its express and implied obligations under the Contract. Contractor shall pay any judgment
<br /> that may be obtained against the City, its officers, employees, agents, or third persons in such suit. The
<br /> Contractor's obligations under this Section 8 shall not apply to loss, claims, demands, suits, damage, or
<br /> liability caused by the sole negligence of the City. If(1) RCW 4.24.115 applies to a particular loss, claim,
<br /> demand, suit, damage, or liability, and (2) such loss, claim, demand, suit, damage, or liability is caused
<br /> by or results from the concurrent negligence of(a) the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b)the City or its agents or employees, then the
<br /> Contractor's obligations under this Section 8 shall apply only to the extent of Contractor's negligence.
<br /> The City shall give Contractor reasonable notice of such claim. The City retains the right to approve
<br /> claims investigation and counsel assigned to said claim, and all investigation and legal work regarding
<br /> said claim shall be performed under a fiduciary relationship to the City.
<br /> 9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in
<br /> the Contract Documents. Failure to maintain such insurance shall be a material breach of the Contract.
<br /> City shall be entitled to damages for such a breach that include, but are not limited to, any loss
<br /> (including, but not limited to, third-party litigation expenses and professional fees) suffered by the City
<br /> if the City is determined to be solely or concurrently negligent, and if the City suffers any loss or must
<br /> pay or defend 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 contribution
<br /> against the City. It is agreed and mutually negotiated that in any and all claims against the City, its
<br /> agents or employees, the Contractor, a subcontractor, anyone directly or indirectly employed by the
<br /> Contractor or subcontractor, or anyone for whose acts any of them may be liable, the defense and
<br /> indemnification obligations hereunder shall not be limited in any way by any limitation on the amount
<br /> of damages, 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' benefit acts.
<br /> Solely for the purpose of indemnification and defense as provided in this Contract, the Contractor
<br /> specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The
<br /> Contractor 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 4.24.115.
<br /> 11. 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, and agents.
<br /> 12. Pre-Contract Inspection and Risk of Loss. It is understood that the whole of the work
<br /> under this Contract is to be done at the Contractor's risk and that: (1) prior to executing this Contract,
<br /> it became familiar with the materials, climatic conditions, location, traffic, and other contingencies that
<br /> may affect the work and (2) that it assumes the responsibility and risk of all loss or damage to materials
<br /> or work which may arise from any cause whatsoever prior to completion.
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