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00 5213 - 4 <br />agree to defend and indemnify and hold harmless the City to the extent and on the same terms <br />and conditions as the Contractor pursuant to this section. <br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the <br />Contract Documents Failure to maintain such insurance shall be a material breach of the <br />Contract. The City shall be entitled to damages for such a breach that include, but are not <br />limited to, any loss (including, but not limited to, third party litigation expenses and <br />professional fees) suffered by the City if the City is determined to be solely or concurrently <br />negligent, and if the City suffers any loss or must pay or defend against any such claim, suit, <br />demand or damage as a result of such breach. <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, <br />its agents or employees, the Contractor, a subcontractor, anyone directly or indirectly <br />employed by the Contractor or subcontractor, or anyone for whose acts any of them may be <br />liable, the defense and indemnification obligations hereunder shall not be limited in any way by <br />any limitation on the amount of damages, compensation, or benefits payable by or for the <br />Contractor or any subcontractor under industrial worker’s compensation acts, disability benefit <br />acts, or other employees’ benefit acts. Contractor’s and City’s signatures hereto indicate <br />specific waiver of Contractor’s industrial insurance immunity in order to fulfill the indemnities <br />hereunder. Solely for the purpose of indemnification and defense as provided in this Contract, <br />the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title <br />51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51 <br />RCW was the subject of mutual negotiation and was specifically entered into pursuant to the <br />provisions of RCW 4.24.115. <br />11. Repair of Damage. The Contractor agrees to repair and replace all property of the City and <br />all property of others damaged by it, its employees, subcontractors, suppliers and agents. <br />12. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under this <br />contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or <br />bid, it became familiar with the conditions of excavation, subsurface, backfill, materials, climatic <br />conditions, location, traffic, and other contingencies that may affect the work and has made its <br />bid or proposal accordingly and (2) that it assumes the responsibility and risk of all loss or <br />damage to materials or work that may arise from any cause whatsoever prior to completion. <br />13. 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 />14. Effective Date/Counterparts/Signature. 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 <br />an original. This Contract may be signed with AdobeSign, and any such signature is fully <br />binding.