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<br />5 <br /> <br />of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under <br />industrial worker’s compensation acts, disability benefit acts, or other employees’ benefit acts. <br />Contractor’s and City’s initials hereto indicate specific waiver of Contractor’s industrial insurance <br />immunity in order to fulfill this indemnity. Solely for the purpose of indemnification and defense as <br />provided in this Contract, the Contractor specifically waives any immunity under the State Industrial <br />Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity <br />under Title 51 RCW was the subject of mutual negotiation and was specifically entered into pursuant to <br />the provisions of RCW 4.24.115. <br />11. Repair of Damage. The Contractor agrees to repair and replace all property of the <br />City and 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 <br />this Contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or bid, it <br />became familiar with the conditions of excavation, subsurface, backfill, materials, climatic conditions, <br />location, traffic, and other contingencies that may affect the work and has made its bid or proposal <br />accordingly and (2) that it assumes the responsibility and risk of all loss or damage to materials or wo rk <br />which may arise from any cause whatsoever prior to completion. <br /> 13. Headings for Convenience Only. The headings in this document are for convenience <br />only, and shall not be used or considered to interpret or construe this document. <br />14. Effective Date. This Contract is effective as of the date of the Mayor’s signature. <br />15. Counterparts/Signatures. This Contract may be executed in multiple counterparts, each <br />of which shall, for all purposes, be deemed an original but which together shall constitute one and the <br />same instrument, and the signature pages from any counterpart may be appended to any oth er <br />counterpart to assemble fully executed documents, and counterparts of this Contract may also be <br />exchanged electronically and any electronic version of any party's signature or any electronic signature <br />(including without limitation AdobeSign) shall be deemed to be an original signature for all purposes. <br /> <br />[Remainder of Page Intentionally Left Blank; Signature Page Follows]