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19. INDEMNITY. CONTRACTOR agrees to defend, indemnify, and hold
<br />harmless (the “Indemnity Duty”) WASPC, its employees, officers, and its agents
<br />from and against claims, damages, losses and expenses, including but not limited to
<br />attorneys’ fees and costs and expenses, arising out of or resulting from performance
<br />of the Work, including claims, damage, loss, or expense attributable to bodily injury,
<br />sickness, disease or death, or to injury to or destruction of tangible property (the
<br />“Harm”), provided, however, that the CONTRACTOR owes no Indemnity Duty if the
<br />Harm was caused by or results from the sole negligence of WASPC and provided
<br />further that in the event of concurrent negligence (i) by CONTRACTOR or the
<br />CONTRACTOR’S SUBCONTRACTORS’ agents or employees, or both and (ii) by
<br />WASPC or its agents, or both, then the CONTRACTOR’S Indemnity Duty is valid
<br />and enforceable only to the extent of the negligence of CONTRACTOR, its agents,
<br />and its employees.
<br />CONTRACTOR also agrees to defend, indemnify, and hold WASPC harmless from
<br />all SUBCONTRACTOR and supplier claims for payment, including any liens that
<br />may be filed.
<br />CONTRACTOR further agrees to defend, indemnify, and hold WASPC harmless
<br />from all WISHA or other related claims, demands, proceedings, violations, penalties,
<br />assessments, or fines that arise out of or relate to CONTRACTOR’S failure to
<br />comply with any safety-related laws, ordinances, rules, regulations, orders, or its
<br />obligations hereunder.
<br />For purposes of the foregoing indemnification provision only, and only to the extent
<br />of claims against CONTRACTOR by WASPC under such indemnification provision,
<br />CONTRACTOR specifically waives any immunity it may be granted under the
<br />Washington State Industrial Insurance Act, Title 51 RCW. The indemnification
<br />obligation under this CONTRACT shall not be limited in any way by any limitation on
<br />the amount or type of damages, compensation or benefits payable to or for any third
<br />party under workers compensation acts, disabilities benefit acts, or other employee
<br />benefit acts. This term is specifically negotiated for and agreed between the parties.
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<br />Notwithstanding anything in this section 18 to the contrary, Contractor may self-insure
<br />for some or all of the insurance required by this section 18 and, in connection therewith,
<br />Contractor may maintain self-insured retentions as Contractor shall desire in its
<br />business judgment. The rights and obligations of WASPC shall remain the same as if
<br />Contractor had obtained and maintained separate insurance from an independent
<br />institutional insurer of recognized responsibility naming WASPC as an additional
<br />insured for the coverages provided herein. Contractor shall be liable as a self-insurer
<br />for the same coverages and the same amount of insurance as would Contractor’s
<br />insurer if Contractor did not elect to self-insure.
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