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<br /> <br />00 52 13 - 4 <br />damages, or punitive damages); and (3) “Contractor” includes Contractor, its <br />employees, agents, representatives and subcontractors. If, and to the extent, <br />Contractor employs or engages subcontractors, then Contractor shall ensure that each <br />such subcontractor (and subsequent tiers of subcontractors) shall expressly agree to <br />defend and indemnify and hold harmless the City to the extent and on the same terms <br />and conditions as the Contractor pursuant to this section. <br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth <br />in the Contract Documents. Failure to maintain such insurance shall be a material <br />breach of the Contract. The City shall be entitled to damages for such a breach that <br />include, but are not limited to, any loss (including, but not limited to, third party litigation <br />expenses and professional fees) suffered by the City if the City is determined to be <br />solely or concurrently negligent, and if the City suffers any loss or must pay or defend <br />against any such claim, suit, demand or damage as a result of such breach. <br />10. Waiver of Industrial Insurance Immunity. Contractor waives any right of <br />contribution against the City. It is agreed and mutually negotiated that in any and all <br />claims against the City, its agents or employees, the Contractor, a subcontractor, <br />anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for <br />whose acts any of them may be liable, the defense and indemnification obligations <br />hereunder shall 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 under <br />industrial worker’s compensation acts, disability benefit acts, or other employees’ <br />benefit acts. Contractor’s and City’s signatures hereto indicate specific waiver of <br />Contractor’s industrial insurance immunity in order to fulfill the indemnities hereunder. <br />Solely for the purpose of indemnification and defense as provided in this Contract, the <br />Contractor specifically waives any immunity under the State Industrial Insurance Law, <br />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 <br />into pursuant to 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 <br />and agents. <br />12. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work <br />under this contract is to be done at the Contractor’s risk and that: (1) prior to submitting <br />its proposal or bid, it became familiar with the conditions of excavation, subsurface, <br />backfill, materials, climatic conditions, location, traffic, and other contingencies that may <br />affect the work and has made its bid or proposal accordingly and (2) that it assumes the <br />responsibility and risk of all loss or damage to materials or work that may arise from any <br />cause whatsoever prior to completion. <br />13. Headings for Convenience Only. The headings in this document are for <br />convenience only, and shall not be used or considered to interpret or construe this <br />document.