|
suffered by, any person or persons or property or properties, including without limitation,
<br /> damage or injury to the public, Grantee, its officers, agents, employees, contractors,
<br /> invitees, tenants and tenants' invitees, licensees, arising from or relating to this Agreement
<br /> or to the construction, maintenance, operation or use of the Tie-Back Area or the Tie-Back
<br /> Improvements. If any such suit, action or claim is filed, instituted or begun against the
<br /> Grantor, Grantee shall, upon notice thereof from the Grantor, defend the same at Grantee's
<br /> sole cost and expense, and in case judgment shall be rendered against the Grantor in any
<br /> suit or action, Grantee shall fully satisfy the judgment within one hundred and twenty
<br /> (120) days after such suit, action or claim shall have been finally determined, if determined
<br /> adversely to the Grantor. If it is determined by a court of competent jurisdiction that RCW
<br /> 4.24.115 applies to any such suit, action or claim, then Grantee's obligations under this
<br /> Section 6 shall apply only to the extent allowed by RCW 4.24.115. Solely and expressly
<br /> for the purpose of its duties to indemnify and defend the Grantor, Grantee specifically
<br /> waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW.
<br /> Grantee recognizes that this waiver of immunity under Title 51 was specifically entered
<br /> into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual
<br /> negotiation. This Section 6 survives any termination of this Agreement.
<br /> 7. Insurance. For as long as this Agreement is in effect, Grantee shall obtain
<br /> and maintain in full force and effect, at its sole expense, insurance that protects the Grantor
<br /> from claims and risks of loss from perils that can be insured against under commercial
<br /> general liability ("CGL") insurance policies in conjunction with:
<br /> A. construction, reconstruction, operation, repair, maintenance,
<br /> removal, use, or existence of the Tie-Back Improvements;
<br /> B. activity of Grantee or its officers, agents, employees, contractors,
<br /> invitees,tenants and tenants' invitees or licensees within, or the use
<br /> or occupation of, the Tie-Back Area; and
<br /> C. claims and risks in connection with and activity performed by or its
<br /> officers, agents, employees, contractors, invitees, tenants and
<br /> tenants' invitees or licensees by virtue of the rights granted under
<br /> this Agreement.
<br /> Minimum insurance requirements include CGL insurance based on the Insurance Services
<br /> Office (ISO) form CG 00 01 or equivalent. Grantee shall obtain insurance coverage with
<br /> an insurer admitted and licensed to conduct business in Washington State or with a surplus
<br /> lines carrier pursuant to Chapter 48.15 RCW, except that if it is infeasible to obtain
<br /> coverage with such insurer, the Grantor may approve an alternative insurer. Minimum
<br /> limits of liability shall be One Million Dollars ($1,000,000) for each occurrence and
<br /> combined single limit bodily injury, property damage with Two Million Dollars
<br /> ($2,000,000) annual aggregate and a Ten Million ($10,000,000) umbrella. The above
<br /> policy must be primary and non-contributory as to the Grantor and must name the Grantor,
<br /> Tie-Back Permit and Agreement Page 4
<br />
|