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8.Indemnification.
<br />A.Except as otherwise provided in this Section 8,the Grant Recipient hereby agrees
<br />to defend and indemnify the City from any and all Claims arising out of,in connection with,or
<br />incident to any negligent or intentional acts,errors,omissions,or conduct by the Grant Recipient,
<br />its employees,agents,representatives,or subcontractors/subconsultants,relating to this
<br />Agreement,whether such Claims sound in contract,tort,or any other legal theory.The Grant
<br />Recipient is obligated to defend and indemnify the City pursuant to this Section 8 whether a
<br />Claim is asserted directly against the City,or whether it is asserted indirectly against the City,
<br />e.g.,a Claim is asserted against someone else who then seeks contribution or indemnity from the
<br />City.The Grant Recipient’s duty to defend and indemnify pursuant to this Section 8 is not in any
<br />way limited to,or by the extent of,insurance obtained by,obtainable by,or required of the Grant
<br />Recipient.The Grant Recipient shall not indemnify the City for Claims caused solely by the
<br />negligence of the City.If (1)RCW 4.24.115 applies to a particular Claim,and (2)the bodily
<br />injury damage to property for which the Grant Recipient is to indemnify the City is caused by or
<br />results from the concurrent negligence of (a)the Grant Recipient,its employees,agents,
<br />representatives,or subcontractors/subconsultants,and (b)the City,then the Grant Recipient’s
<br />duty under this Section shall be valid and enforceable only to the extent allowed by RCW
<br />4.24.115.Solely and expressly for the purposes of its duties to indemnify and defend the City,
<br />the Grant Recipient specifically waives any immunity it may have under the State Industrial
<br />Insurance Law,Title 51 RCW.The Grant Recipient recognizes that this waiver of immunity
<br />under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115
<br />and was the subject of mutual negotiation.
<br />B.As used in this Section 8:(1)“City”includes the City,its officers,employees,
<br />agents,and representatives and (2)“Claims”includes,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 irrespective of whether the damage alleged is
<br />bodily injury,damage to property,economic loss,general damages,special damages,or punitive
<br />damages.
<br />C.If,and to the extent,the Grant Recipient employs or engages subconsultants or
<br />subcontractors,then Grant Recipient shall ensure that each such subconsultant and subcontractor
<br />(and subsequent tiers of subconsultants and subcontractors)shall expressly agree to defend and
<br />indemnify the City to the extent,and on the same terms and conditions as,the Grant Recipient
<br />pursuant to this Section 8.
<br />9.Insurance.The Grant Recipient shall procure and keep in force during the term of this
<br />Agreement,at Grant Recipient’s own cost and expense,automobile liability insurance on all
<br />vehicles used by Grant Recipient in the performance of this Agreement.Proof of such insurance
<br />shall be provided to the City prior to performing any Work hereunder.A statement certifying that
<br />no vehicle will be used in fulfilling this Agreement may be substituted for this insurance
<br />requirement.
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