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City of Everett 00 52 13 <br />Later Phase Eclipse Mill Park WO# 383921 <br />4 <br />against the City, its agents or employees, the Contractor, a subcontractor, anyone directly or <br />indirectly employed by the Contractor or subcontractor, or anyone for whose acts any of them <br />may be liable, the defense and indemnification obligations hereunder shall not be limited in any <br />way by any limitation on the amount of damages, compensation, or benefits payable by or for <br />the Contractor or any subcontractor under industrial worker’s compensation acts, disability <br />benefit acts, or other employees’ benefit acts. Contractor’s and City’s signatures hereto indicate <br />specific waiver of Contractor’s industrial insurance immunity in order to fulfill the indemnities <br />hereunder. Solely for the purpose of indemnification and defense as provided in this Contract, <br />the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title <br />51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51 <br />RCW was the subject of mutual negotiation and was specifically entered into pursuant to the <br />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 and <br />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 its <br />proposal or bid, it became familiar with the conditions of excavation, subsurface, backfill, <br />materials, climatic conditions, location, traffic, and other contingencies that may affect the work <br />and has made its bid or proposal accordingly and (2) that it assumes the responsibility and risk <br />of all loss or damage to materials or work that may arise from any cause whatsoever prior to <br />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 document. <br />14.Effective Date/Counterparts/Signature. This Contract is effective as of the date of <br />the last person to sign it, and may be executed in multiple counterparts, each of which shall be <br />deemed an original. This Contract may be signed with AdobeSign, and any such signature is <br />fully binding. <br />[Remainder of Page Intentionally Left Blank]