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7. Hold Harmless Clause:
<br /> Except as otherwise provided in this paragraph, the Grantee hereby agrees to defend
<br /> and indemnify the Grantor from any and all Claims arising out of, in connection with,
<br /> or incident to any acts, errors, omissions, or conduct by Grantee (or its employees,
<br /> agents,representatives subcontractors/subconsultants)relating to this Agreement. The
<br /> Grantee is obligated to defend and indemnify the Grantor pursuant to this paragraph
<br /> whether a Claim is asserted directly against the Grantor, or whether it is asserted
<br /> indirectly against the Grantor, e.g., a Claim is asserted against someone else who then
<br /> seeks contribution or indemnity from the Grantor. The Grantee's duty to defend and
<br /> indemnify pursuant to this paragraph is not in any way limited to, or by the extent of,
<br /> insurance obtained by, obtainable by, or required of the Grantee. The Grantee shall
<br /> not indemnify the Grantor for Claims caused solely by the negligence of the City. If
<br /> (1) RCW 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage
<br /> to property for which the Grantee is to indemnify the Grantor is caused or results
<br /> from the concurrent negligence of (a) the Grantee, its employees,
<br /> subcontractors/subconsultants or agents and (b) the Grantor, then the Grantee's duty
<br /> to indemnify shall be valid and enforceable only to the extent allowed by RCW
<br /> 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend
<br /> the Grantor, the Grantee specifically waives any immunity it may have under the
<br /> State Industrial Insurance Law, Title 51 RCW. The Grantee recognizes that this
<br /> waiver of immunity under Title 51 RCW was specifically entered into pursuant to the
<br /> provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in
<br /> this paragraph: (1) "Grantor" includes the City's officers, employees, agents, and
<br /> representatives and (2) "Claims" include, but is not limited, to , any and all losses,
<br /> claims, demands, expenses ) including, but not limited to, attorney's fees and
<br /> litigation expenses), suits,judgments, or damage, irrespective of whether the damage
<br /> alleged is bodily injury, damage to property, economic loss, general damages, special
<br /> damages, or punitive damages. If, and to the extent, Grantee employs or engages
<br /> subconsultants or subcontractors, then Grantee shall ensure that each such
<br /> subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br /> subcontractors) shall expressly agree to defend and indemnify the Grantor to the
<br /> extent and on the same terms and conditions as the Grantee pursuant to this
<br /> paragraph.
<br /> 8. Insurance:
<br /> Prior to Grantee's construction activities or other activities on the Grantors property
<br /> under the rights provided herein, Grantee shall submit to Grantor a certificate of
<br /> insurance that Grantee or Grantee's contractors has obtained commercial general
<br /> liability coverage naming the Grantor as an additional insured (including broad form
<br /> contractual liability coverage) satisfactory to Grantor with limits no less than the
<br /> following:
<br /> Bodily Injury Liability, including $2,000,000
<br /> automobile bodily injury liability each occurrence
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