Cherry Valley Logging Company 4/10/2025

Page 10 of 42 FINAL 2/21/25 Agreement No. 2025-02 b. Nothing contained in G-120 and G-130 shall be construed as relieving Purchaser of responsibility for, or damage resulting from, Purchaser's operations or negligence, nor shall Purchaser be relived from full responsibility for making good any defective work or materials. G-140 Indemnity To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold harmless City and all officials, agents and employees of City, from and against all Claims arising out of or resulting from the performance of this Contract. "Claim" as used in this Contract means any and all financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Purchaser’s obligations to indemnify, defend, and hold harmless includes any Claim by Purchaser’s agents, employees, representatives, or any subcontractor or its employees. Purchaser expressly agrees to indemnify, defend, and hold harmless City for any claim arising out of or incident to Purchaser’s or any subcontractors' performance or failure to perform the Contract. Purchaser’s obligation to indemnify, defend, and hold harmless City shall not be eliminated or reduced by any actual or alleged concurrent negligence of City or its agents, agencies, employees and officials. Purchaser waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless City and its agents, officials, agents or employees and acknowledges this was mutually negotiated. This clause G-140 survives termination or expiration of this Contract. G-150 Liability Insurance Purchaser shall, at its cost and expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in a breach and/or termination of the Contract at City’s option. City may suspend Purchaser operations until required insurance has been secured. All insurance and surety bonds should be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best’s Reports. Any exception shall be reviewed and approved by the City’s Risk Manager before the insurance coverage is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW. The City shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications: 1. Insurers subject to Chapter 48.18 RCW (admitted and regulated by the Insurance Commissioner): The insurer shall give the City 45 days advance notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the City shall be given 10 days advance notice of cancellation.