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or its contractors or agents, (c) soil delivered elsewhere than as designated by the City project <br /> manager, and (d) soil delivered in quantities in excess than approved by the City project <br /> manager. However, if Unapproved Soil is delivered by mistake, the City project manager may in <br /> his sole discretion note the mistake and approve the soil in writing, in which case the soil is no <br /> longer Unapproved Soil. <br /> 2. Provisions Regarding Unapproved Soil. The following provisions apply <br /> to all Unapproved Soil: <br /> i. KLB shall remove and dispose of the Unapproved Soil at KLB's <br /> sole cost. <br /> ii. The Unapproved Soil never becomes City property and remains <br /> the property of KLB. <br /> D. Indemnity. To maximum extent allowed by law, KLB will defend, indemnify <br /> and hold the City harmless against all claims, liability and losses arising from or relating to any <br /> of the following: (1) KLB employees or subcontractors in connection with the work described in <br /> this Agreement, including without limitation any claims for unpaid wages; (2) personal injuries <br /> in connection with the work described in this Agreement, or (3) Unapproved Soil. Solely and <br /> expressly for the purpose of its duties to indemnify and defend the City, the KLB specifically <br /> waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. KLB <br /> recognizes that this waiver of immunity under Title 51 RCW was the subject of mutual <br /> negotiation. <br /> E. Insurance. KLB shall maintain commercial general liability insurance coverage <br /> during soil deliveries with $1,000,000 combined single limits, which insurance shall be primary <br /> and non-contributing. <br /> F. City Project Manager. Unless changed by the City, the City's project manager is <br /> Tom Hood, P.E. <br /> G. Prevailing Wages. KLB shall pay prevailing wages in accordance with Chapter <br /> 39.12 RCW. KLB will defend, indemnify and hold the City harmless against all claims, liability <br /> and losses arising from or relating to any failure to comply with Chapter 39.12 RCW. <br /> H. General. No amendment of this Agreement is effective unless in writing and <br /> signed by the Mayor of the City and an authorized representative of KLB. <br /> 2 <br />