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<br />knowledge and regardless of the informalities of notice of such claim arising out of the performance of
<br />this contract. The City may withhold the amount until either the Contractor secures a written release
<br />from the claimant, obtains a court decision that such claim is without merit, or satisfies any judgment
<br />in favor of the claimant on such claim. The City shall not be liable for interest during the period the
<br />funds are so held.
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<br />5. Compliance with Employment and Wage Laws. Contractor agrees to comply with all
<br />state and federal laws relating to the employment of labor and wage rates to be paid.
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<br />6. Not Used.
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<br />7. 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 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.
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<br />8. 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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