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<br />personnel) relating to this Agreement, whether such Claims sound in contract, tort, or any other legal
<br />theory. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Artist
<br />specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The
<br />Artist recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant
<br />to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in this paragraph:
<br />(1) “City” includes the City’s officers, employees, agents, and representatives and (2) “Claims” include, but
<br />is not limited to, any and all losses, claims, demands, expenses (including, but not limited to, attorney’s
<br />fee and litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or
<br />demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is bodily
<br />injury, damage to property, economic loss, general damages, special damages, or punitive damages. This
<br />section survives expiration or termination of this Agreement.
<br />10. Insurance. Artist shall procure and keep in force during the term of this Agreement, at
<br />Artist’s own cost and expense, automobile liability insurance on all vehicles used by Artist in the
<br />performance of its duties under this Agreement. Proof of insurance shall be provided to the City prior to
<br />performing any services hereunder. A statement certifying that no vehicle will be used in fulfilling this
<br />Agreement may be substituted for this insurance requirement.
<br />11. Independent Artist. Artist is an independent contractor, and not an employee. Artist
<br />shall be responsible for all obligations relating to taxes (payroll, sales, use, income, industrial insurance
<br />(Workmen’s Compensation, etc.), fees, licenses, excises or payments required by any city, federal or state
<br />law).
<br />12. Compliance with Laws. Artist shall comply with all applicable federal, state and local laws
<br />and regulations, including, but not limited to, providing access to auditors to examine all of the Artist’s
<br />records and documents with respect to all matters covered by this Agreement, obtaining a City and State
<br />business license, and fulfilling state Department of Revenue and Labor and Industries requirements.
<br />13. Equal Employment Opportunity. Artist shall not discriminate against any employee,
<br />applicant for employment, independent contractor, or proposed independent contractor, on the basis of
<br />race, color, religion, sex, age, disability, marital state, or national origin.
<br />14. Venue. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court
<br />of Snohomish County, Washington.
<br />15. Governing Law. The laws of the State of Washington, without giving effect to principle
<br />of conflict of laws, govern all matters arising out of or relating to this Agreement.
<br />16. Signature/Counterparts. This Agreement may be signed in counterparts, each of which
<br />shall be deemed an original, and all of which, taken together, shall be deemed one and the same
<br />document. AdobeSign signatures are fully binding. Any ink, electronic, faxed, scanned, photocopied, or
<br />similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original
<br />signature and will be fully enforceable as an original signature.
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