Laserfiche WebLink
-13- <br /> <br />V. LIABILITY, DAMAGES AND INSURANCE <br /> <br />5.01 Indemnification and Hold Harmless Provision <br /> <br />(a) To the fullest extent permitted by law, the Licensee shall indemnify, defend, <br />hold harmless and release the Licensor and its commissioners, officers, employees and <br />agents from and against any and all liabilities, losses, claims, damages, costs, demands, <br />fines, judgments, penalties, obligations and payments, together with any reasonable costs <br />and expenses (including, without limitation, reasonable attorneys’ fees and out-of-pocket <br />expenses and reasonable costs and expenses of investigation) incurred in connection with <br />any of the foregoing, to the extent they result from, relate to or arise out of or in connection <br />with (i) any negligent failure of the Licensee, its employees and/or agents to perform or <br />observe any term, provision, covenant, agreement or condition hereunder to be performed <br />or observed by or on behalf of the Licensee or (ii) any negligence or intentional misconduct <br />of the Licensee, its employees and/or agents. <br /> <br />(b) In the event that the Licensee and the Licensor are both negligent, then <br />Licensee’s liability for indemnification of the Licensor shall be limited to its contributory <br />negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and <br />expenses (including reasonable attorneys’ fees and disbursements) that can be apportioned <br />to the Licensee, its employees, and/or agents. <br /> <br /> (c) Solely and expressly for purposes of its duties to defend, indemnify and <br />hold harmless Licensor as set forth above, the Licensee specifically waives any immunity <br />it might have under the State Industrial Insurance law, RCW Title 51, or any similar <br />worker’s compensation act, in the event that a claim is made against the Licensor for an <br />injury to any employee of Licensee. THE LICENSEE ACKNOWLEDGES THAT THIS <br />WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. <br /> <br />(d) The Licensor’s inspection or acceptance of any of the Licensee’s work <br />and/or services when completed shall not be grounds to avoid any of these covenants of <br />indemnification. <br /> <br />(e) Nothing contained in this Section shall be construed to create a liability or <br />a right of indemnification in any third party. <br /> <br />(f) In the event that Licensee contracts/subcontracts with another party to <br />perform work and/or services needed and/or required pursuant to this Agreement, the <br />Licensee shall require and ensure that any such contract/subcontract contains an <br />indemnification and hold harmless provision substantially similar to this Section 5.01. <br /> <br />(g) The provisions of this Section shall survive the expiration or termination of <br />this Agreement with respect to any event occurring prior to such expiration or termination. <br /> <br />5.02 Liability Insurance <br />