Laserfiche WebLink
(c) Washington Law. This Section is specifically and expressly intended to constitute <br /> a waiver of NWS '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 <br /> indemnity from claims made by NWS and its employees, to maximum extent <br /> allowed by law. THE CITY AND NWS ACKNOWLEDGE THAT THE INDEMNIFICATION <br /> PROVISIONS OF THIS SECTION WERE SPECIFICALLY NEGOTIATED AND AGREED <br /> UPON BY THEM. <br /> (d) Waiver and Release. The City shall not be liable to NWS, or its directors, officers, <br /> shareholders, agents, employees, invitees, sublicensees, contractors or <br /> subcontractors, for any loss, injury or damage to NWS or any other person, or to <br /> its or their property, irrespective of the cause of such injury, damage or loss, <br /> unless, and then only to the extent, it is caused by or results from the gross <br /> negligence or willful misconduct of the City or its employees or from an uncured <br /> City Event of Default. As a material part of the consideration to the City for this <br /> Agreement, NWS hereby waives and releases all claims against the City with <br /> respect to all matters for which the City has disclaimed liability pursuant to the <br /> provisions of this Agreement. <br /> 18. INSURANCE/WAIVER OF SUBROGATION. <br /> (a) NWS Insurance. NWS shall, throughout the Term, at its own expense, keep and <br /> maintain in full force and effect each and every one of the following policies, each <br /> of which shall be endorsed as needed to provide that the insurance afforded by <br /> these policies is primary and that all insurance carried by the City and the City's <br /> self-insurance is strictly excess and secondary and shall not contribute with NWS's <br /> liability insurance: <br /> (i) A policy of commercial general liability insurance, including a contractual <br /> liability endorsement covering NWS's obligations under Section 15 above, <br /> insuring against claims of bodily injury and death or property damage or <br /> loss with a combined single limit at the Commencement Date of this <br /> Agreement of not less than Two Million Dollars ($2,000,000.00) per <br /> occurrence and location. NWS shall include the City and the City's officers, <br /> elected officials, employees, agents, and volunteers as additional insureds. <br /> The limit shall be reasonably increased during the Term at the City's <br /> request. This policy (or a separate policy acceptable to the City) must <br /> include athletic participant coverage. <br /> (ii) "Special Form" property insurance (which is commonly called "all risk") <br /> covering NWS's alterations and any and all furniture, fixtures, equipment, <br /> inventory, improvements and other property in or about the Ballfield <br /> Property which is not owned by the City, for the then, entire current <br /> replacement cost of such property. <br /> (iii) A policy of worker's compensation insurance if and as required by <br /> applicable law and employer's liability insurance with limits of no less than <br /> 12 <br />