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<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,
<br />claim, demand, suit, damage, or liability, and (2) such loss, claim, demand, suit, damage, or liability is
<br />caused 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 allowed by RCW 4.24.115.
<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.
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<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.
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<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 emp loyed 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 />Contractor’s and City’s initials hereto indicate specific waiver of Contractor’s industrial insurance
<br />immunity in order to fulfill this indemnity. Solely for the purpose of indemnification and defense as
<br />provided in this Contract, the Contractor specifically waives any immunity under the State Industrial
<br />Insurance Law, 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 into pursuant to
<br />the provisions of RCW 4.24.115.
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<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.
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<br />12. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under
<br />this Contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or bid, it
<br />became familiar with the conditions of excavation, subsurface, backfill, materials, climatic conditions,
<br />location, traffic, and other contingencies that may affect the work and has made its bid or proposal
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