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<br />3.Indemnification/Waiver of Industrial Insurance Immunity (RCW 4.24.115).
<br />A.Except as otherwise provided in this section, the Contractor hereby agrees to
<br />save, hold harmless, defend, and indemnify the City, its officers, employees, and
<br />agents from any and all loss, claims, demands, suits, damage, or liability of any
<br />kind whatsoever, whether or not reduced to judgment or arbitration award, in
<br />connection with, or arising out of, this Contract, or resulting from Contractor’s
<br />(or its subcontractor’s or supplier’s) performance of, or failure to perform, its
<br />express and implied obligations under the Contract. Contractor shall pay any
<br />judgment that may be obtained against the City, its officers, employees, agents,
<br />or third persons in such suit. The Contractor’s obligations under this section
<br />shall not apply to loss, claims, demands, suits, damage, or liability caused by the
<br />sole negligence of the City. If (1) RCW 4.24.115 applies to a particular loss, claim,
<br />demand, suit, damage, or liability, and (2) such loss, claim, demand, suit,
<br />damage, or liability is caused by or results from the concurrent negligence of (a)
<br />the Contractor, its employees, subcontractors/subconsultants or agents and (b)
<br />the City or its agents or employees, then the Contractor’s obligations under this
<br />section shall apply only to the extent of Contractor’s negligence. The City shall
<br />give Contractor reasonable notice of such claim. The City retains the right to
<br />approve claims investigation and counsel assigned to said claim, and all
<br />investigation and legal work regarding said claim shall be performed under a
<br />fiduciary relationship to the City. This section survives any termination,
<br />completion or expiration of this Contract.
<br />B.Contractor waives any right of contribution against the City. It is agreed and
<br />mutually negotiated that in any and all claims against the City, its agents or
<br />employees, the Contractor, a subcontractor, anyone directly or indirectly
<br />employed by the Contractor or subcontractor, or anyone for whose acts any of
<br />them may be liable, the defense and indemnification obligations hereunder shall
<br />not be limited in any way by any limitation on the amount of damages,
<br />compensation, or benefits payable by or for the Contractor or any subcontractor
<br />under industrial worker’s compensation acts, disability benefit acts, or other
<br />employees’ benefit acts. Solely for the purpose of indemnification and defense
<br />as provided in this Contract, the Contractor specifically waives any immunity
<br />under the State Industrial Insurance Law, Title 51 RCW. The Contractor expressly
<br />acknowledges that this waiver of immunity under Title 51 RCW was the subject
<br />of mutual negotiation and was specifically entered into pursuant to the
<br />provisions of RCW 4.24.115.
<br />4.Everett Business License (EMC 3.19.025). The Contractor must maintain a City of
<br />Everett Business License.
<br />5 General Compliance with Law and Equal Opportunity. The Contractor shall comply with
<br />all federal, state, and local laws and regulations applicable to the work to be done under
<br />this Contract. Without limiting the foregoing, Contractor shall not discriminate against
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