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<br /> Section 00 52 13 CONTRACT FORM
<br /> whether a Claim is asserted indirectly against the City, e.g., a Claim is asserted
<br /> against someone else who then seeks contribution or indemnity from the City.
<br /> ' The amount of insurance obtained by, obtainable by, or required of the
<br /> Contractor does not in any way limit the Contractor's duty to defend and
<br /> indemnify the City. The City retains the right to approve Claims investigation and
<br /> 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. This
<br /> Section 8 is in addition to any other defense or indemnity or hold harmless
<br /> obligation in the Contract Documents.
<br /> ' B. The Contractor's obligations under this Section 8 shall not apply to Claims
<br /> caused by the sole negligence of the City. If(1) RCW 4.24.115 applies to a
<br /> ' particular Claim, and (2) such Claim is caused by or results from the concurrent
<br /> negligence of(a)the Contractor and (b) the City, then the Contractor's liability
<br /> under this Section 8 shall be only to the extent of the Contractor's negligence.
<br /> ' C. As used in this section: (1) "City" includes the City's officers, employees, agents,
<br /> and representatives; (2) "Claims" include all losses, claims, demands, expenses
<br /> (including, but not limited to, attorney's fees and litigation expenses), suits,
<br /> judgments, or damage, whether threatened, asserted or filed against the City,
<br /> whether such Claims sound in tort, contract, or any other legal theory, whether
<br /> such Claims have been reduced to judgment or arbitration award, irrespective of
<br /> the type of relief sought or demanded (such as money or injunctive relief), and
<br /> irrespective of the type of damage alleged (such as bodily injury, damage to
<br /> property, economic loss, general damages, special damages, or punitive
<br /> damages); and (3) "Contractor" includes Contractor, its employees, agents,
<br /> representatives and subcontractors. f, and to the extent, Contractor employs or
<br /> engages subcontractors, then Contractor shall ensure that each such
<br /> 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
<br /> terms and conditions as the Contractor pursuant to this section.
<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
<br /> of the Contract. The City shall be entitled to damages for such a breach that include, but
<br /> are not limited to, any loss (including, but not limited to, third party litigation expenses
<br /> and professional fees) suffered by the City if the City is determined to be solely or
<br /> concurrently negligent, and if the City suffers any loss or must pay or defend against any
<br /> 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
<br /> ' the City, its agents or employees, the Contractor, a subcontractor, anyone directly or
<br /> indirectly employed by the Contractor or subcontractor, or anyone for whose acts any of
<br /> them may be liable, the defense and indemnification obligations hereunder shall not be
<br /> ' limited in any way by any limitation on the amount of damages, compensation, or
<br /> benefits payable by or for the Contractor or any subcontractor under industrial worker's
<br /> compensation acts, disability benefit acts, or other employees' benefit acts. Contractor's
<br /> and City's signatures hereto indicate specific waiver of Contractor's industrial insurance
<br /> immunity in order to fulfill the indemnities hereunder. Solely for the purpose of
<br /> indemnification and defense as provided in this Contract, the Contractor specifically
<br /> waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The
<br /> ' City of Everett 00 52 13 3 February 2023
<br /> WPCF TFI Bar Screen Upgrades
<br /> UP3770
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