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<br />of any such claim in any action or proceeding brought thereon. Licensee, as a material part of
<br />the consideration to the City, hereby assumes all risk of damage to property or injury to persons
<br />in, upon or about the Licensed Property from any cause other than and to the extent of the City’s
<br />gross negligence or willful misconduct. Licensee shall give prompt notice to the City in case of
<br />casualty or accident in the Licensed Property. This Section shall survive the expiration or
<br />termination of this License. For the purposes of this License, the claims, actions, damages,
<br />liability and expenses for which Licensee must indemnify, defend and hold harmless the City are
<br />referred to as “Covered Claims”.
<br />(b) Concurrent Fault. This Section does not purport to indemnify the City
<br />against liability for Covered Claims to the extent caused by or resulting from the sole negligence
<br />or willful misconduct of the City, its officers, employees and agents. If Covered Claims are caused
<br />by or result from the concurrent negligence of (i) the City, its officers, employees or agents, and
<br />(ii) Licensee, its agents, servants, employees, officers, subcontractors, sublicensees, sublicensees,
<br />successors or assigns, then this Section will provide the City the maximum indemnification
<br />permitted by law.
<br />(c) Washington Law. This Section is specifically and expressly intended to
<br />constitute a waiver of Licensee's immunity under Washington's Industrial Insurance Act, RCW
<br />Title 51, to the full extent necessary to provide the City with a full and complete indemnity from
<br />claims made by Licensee and its employees, to maximum extent allowed by law. THE CITY AND
<br />LICENSEE ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION WERE
<br />SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.
<br />(d) Waiver and Release. The City shall not be liable to Licensee, or its
<br />directors, officers, shareholders, agents, employees, invitees, sublicensees, contractors or
<br />licensees, for any loss, injury or damage to Licensee or any other person, or to its or their
<br />property, irrespective of the cause of such injury, damage or loss, unless, and then only to the
<br />extent, it is caused by or results from the gross negligence or willful misconduct of the City or its
<br />employees without contributory negligence on the part of Licensee or any of its directors,
<br />officers, shareholders, employees, agents, invitees, sublicensees, licensees or contractors. As a
<br />material part of the consideration to the City for this License, Licensee hereby waives and
<br />releases all claims against the City with respect to all matters for which the City has disclaimed
<br />liability pursuant to the provisions of this License.
<br />14. INSURANCE/WAIVER OF SUBROGATION.
<br />(a) Licensee Insurance. Licensee shall, throughout the Term, at its own
<br />expense, keep and maintain in full force and effect the following polic y, which shall be endorsed
<br />as needed to provide that the insurance afforded by the policy is primary and that all insurance
<br />or self-insured retention carried or maintained by the City is strictly excess and secondary and
<br />shall not contribute with Licensee’s liability insurance:
<br />A policy of commercial general liability insurance insuring against claims of bodily
<br />injury and death or property damage or loss with a combined single limit at the
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