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202107010535 Document: EASEMENT Rec: 5119.50 Page-5 of 17
<br />Record Date:7/1/2021 12:23 PM Snohomish County, WA
<br />of Washington. The minimum insurance coverage and limits required to be maintained at all times while
<br />the RCI Parties are performing any work pursuant to this Agreement are as follows:
<br />a. Commercial General Liability. Coverage shall include products and completed
<br />operations, bodily injury and property damage liability, contractual liability independent contractors'
<br />liability, personal and advertising injury liability. Limits shall not be less than $1,000,000 per occurrence,
<br />$1,000,000 personal and advertising injury, $2,000,000 general aggregate per location and $2,000,000
<br />products — completed operations aggregate.
<br />b. Comprehensive Motor Vehicle Liability. Coverage shall include business
<br />automobile liability insurance, including coverage for the operation of owned, leased, hired and non -owned
<br />vehicles. Limits for such vehicles shall not be less than $1,000,000 per accident (bodily injury and property
<br />damage combined single limit) and $1,000,000 uninsured/underinsured motorist.
<br />C. Workers' Compensation. Coverage shall be as required to comply with the State
<br />of Washington Worker's Compensation statute, and employers' liability coverage not less than $100,000
<br />per accident (bodily injury by accident or disease) and $100,000 each employee.
<br />d. Umbrella Liability. Umbrella and excess liability insurance, which schedules
<br />coverage for commercial general liability, employer's liability and automobile liability and is in excess of
<br />all liability insurance required hereunder. Limits shall not be less than $5,000,000 per occurrence and
<br />aggregate per location. This policy shall apply in excess of the limits stated in (a), (b) and (c) above of this
<br />Section.
<br />9. Assignment. The RCI Parties may assign their rights and obligations herein to the Landfill
<br />Owners Entity established in accordance with Section 13 of the LEIA, provided that (i) the Landfill Owners
<br />Entity assumes all obligations and liabilities under this Agreement in a written assignment and assumption
<br />agreement executed by the RCI Parties and the Landfill Owners Entity and (ii) prior to such assignment,
<br />the Landfill Owners Entity's organizational documents (including articles and bylaws) are duly executed
<br />and filed as set forth in the LEIA and the Landfill CC&Rs (as defined in the LEIA) are duly executed and
<br />recorded as set forth in the LEIA.
<br />10. Indemnification. Each Party (in such capacity, the "Indemnifying Party") shall
<br />indemnify, defend, and hold the other Party and its affiliates, officers, employees, contractors and agents
<br />(collectively, the "Indemnified Parties") harmless from and against any loss, claim, suit, damage, injury,
<br />action, cost, expense (including reasonable attorneys' fees and costs), penalty, fine, liability and damages
<br />to persons or property, of any kind or nature whatsoever (collectively, "Claims and Losses"), asserted by
<br />any third person against the Indemnified Parties arising out of the Indemnifying Party's or its employees',
<br />agents', invitees', or contractors' exercise of the rights granted hereunder, breach of obligations hereunder
<br />or negligence or willful misconduct. The foregoing indemnification will not apply to any Claims and
<br />Losses to the extent arising out of or caused by the negligence or wrongful conduct of the Indemnified Party
<br />or its employees, agents, invitees or contractors. If the Claims and Losses so arising are caused by the
<br />concurrent negligence of the Parties or their respective, employees, agents, invitees, or contractors, the
<br />Indemnifying Party shall indemnify the Indemnified Parties only to the extent of the negligence of the
<br />Indemnifying Party and/or that of its agents, employees, invitees or contractors. Solely for the purpose of
<br />giving, and only to the extent necessary to give, full force and effect to the indemnifications contained
<br />herein, and not for the benefit of the employees of any indemnitor, each Indemnifying Party hereby waives
<br />any immunity granted to such Indemnifying Party under RCW chapter 51 (Industrial Insurance) and hereby
<br />agrees that such waiver was mutually negotiated by the parties. The provisions of this Section shall survive
<br />any termination of this Agreement.
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