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Small Works Contract - 4 <br />Contractor or subcontractor, or anyone for whose acts any of them may be liable, the defense and <br />indemnification obligations hereunder shall not be limited in any way by any limitation on the amount <br />of damages, compensation, or benefits payable by or for t he Contractor or any subcontractor under <br />industrial worker’s compensation acts, disability benefit acts, or other employees’ benefit acts. <br />Solely for the purpose of indemnification and defense as provided in this Contract, the Contractor <br />specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The <br />Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of <br />mutual negotiation and was specifically entered 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 City <br />and all property of others damaged by it, its employees, subcontractors, suppliers, and agents. <br />12.Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under <br />this Contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or <br />quote, it became familiar with the conditions of excavation, subsurface, backfill, materials, climat ic <br />conditions, location, traffic, and other contingencies that may affect the work and has made its quote <br />or proposal accordingly and (2) that it assumes the responsibility and risk of all loss or damage to <br />materials or work which may arise from any cause whatsoever prior to completion. <br />13.Headings for Convenience Only. The headings in this document are for convenience <br />only and shall not be used or considered to interpret or construe this document. <br />14.Effective Date. This Contract is effective as of the date of last signature below. <br />15.Counterparts/Signatures. This Contract may be executed in multiple counterparts, each <br />of which shall, for all purposes, be deemed an original but which together shall constitute one and the <br />same instrument, and the signature pages from any counterpart may be appended to any oth er <br />counterpart to assemble fully executed documents, and counterparts of this Contract may also be <br />exchanged electronically and any electronic version of any party's signature or any electronic signature <br />(including without limitation AdobeSign) shall be deemed to be an original signature for all purposes. <br />[Remainder of Page Intentionally Left Blank; Signature Page Follows]