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4 <br />9. 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 employed 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 />Solely for the purpose of indemnification and defense as provided in this Contract, the Contractor <br />specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The <br />Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of <br />mutual negotiation and was specifically entered into pursuant to the provisions of RCW 4.24.115. <br /> <br />10. 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. <br /> <br />11. Pre-Contract Inspection and Risk of Loss. It is understood that the whole of the work <br />under this Contract is to be done at the Contractor’s risk and that: (1) prior to executing this Contract, <br />it became familiar with the conditions of excavation, subsurface, backfill, materials, climatic conditions, <br />location, traffic, and other contingencies that may affect the work and (2) that it assumes the <br />responsibility and risk of all loss or damage to materials or work which may arise from any cause <br />whatsoever prior to completion. <br /> <br />12. Headings for Convenience Only. The headings in this document are for convenience only <br />and shall not be used or considered to interpret or construe this document. <br /> <br />13. Effective Date. This Contract is the This Contract is effective as of the date of the last <br />person to sign it and may be executed in multiple counterparts, each of which shall be deemed an <br />original. Any ink, electronic, faxed, scanned, photocopied, or similarly reproduced signature on this <br />Agreement or any amendment hereto will be deemed an original signature and will be fully <br />enforceable as an original signature. <br /> <br />[Remainder of Page Intentionally Left Blank; Signature Page Follows]