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Work in an orderly manner. Notices under this Section 7 shall be sent by the United States Mail to
<br />Service Provider’s address provided herein, postage prepaid, or by delivery. In addition, Notices may
<br />also be sent by any other method reasonably believed to provide Service Provider actual notice in a
<br />timely manner, such as email. The City does not by this Section 7 waive, release or forego any legal
<br />remedy for any violation, breach or non-performance of any of the provision of this Agreement. At
<br />its sole option, and without limitation of or prejudice to any other available remedy or recourse, the
<br />City may deduct from the final payment due the Service Provider (a) any damages, expenses or costs
<br />arising out of any such violations, breaches, or non-performance and (b) any other backcharges or
<br />credits.
<br />8.Changes. The City may, from time to time, unilaterally change the scope of the services of the Service
<br />Provider to be performed hereunder. Such changes, including any increase or decrease in the scope
<br />of work (and resulting increase or decrease in compensation), shall: (a) be made only in writing and
<br />signed by an authorized City representative, (b) be explicitly identified as an amendment to this
<br />Agreement and (c) become a part of this Agreement.
<br />9.Subletting/Assignment of Contracts. Service Provider shall not sublet or assign any of the Work
<br />without the express, prior written consent of the City.
<br />10.Indemnification. Except as otherwise provided in this Section 10, the Service Provider hereby agrees
<br />to defend and indemnify and save harmless the City from any and all Claims arising out of, in
<br />connection with, or incident to any negligent or intentional acts, errors, omissions, or conduct by
<br />Service Provider (or its employees, agents, representatives or subcontractors/subconsultants)
<br />relating to this Agreement, whether such Claims sound in contract, tort, or any other legal theory.
<br />The Service Provider is obligated to defend and indemnify and save harmless the City pursuant to
<br />this Section 10 whether a Claim is asserted directly against the City, or whether it is asserted
<br />indirectly against the City, e.g., a Claim is asserted against someone else who then seeks contribution
<br />or indemnity from the City. The Service Provider’s duty to defend and indemnify and save harmless
<br />pursuant to this Section 10 is not in any way limited to, or by the extent of, insurance obtained by,
<br />obtainable by, or required of the Service Provider. The Service Provider’s obligations under this
<br />Section 10 shall not apply to Claims caused by the sole negligence of the City. If (1) RCW 4.24.115
<br />applies to a particular Claim, and (2) such Claim is caused by or results from the concurrent
<br />negligence of (a) the Service Provider, its employees, subcontractors/subconsultants or agents and
<br />(b) the City, then the Service Provider’s liability under this Section 10 shall be only to the extent of
<br />Service Provider’s negligence. Solely and expressly for the purpose of its duties to indemnify and
<br />defend and save harmless the City, the Service Provider specifically waives any immunity it may have
<br />under the State Industrial Insurance Law, Title 51 RCW. The Service Provider recognizes that this
<br />waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of
<br />RCW 4.24.115 and was the subject of mutual negotiation. As used in this Section 10: (1) “City”
<br />includes the City, the City’s officers, employees, agents, and representatives and (2) “Claims” include,
<br />but is not limited to, any and all losses, penalties, fines, claims, demands, expenses (including, but
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