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2 <br />BASIC PROVISIONS <br />Service Provider Insurance Contact Information <br />Lockton Companies <br />(816) 960-9000 <br />kcasu@lockton.com <br />State Retirement Systems (must answer both questions) <br />Does Service Provider have 25 or more employees? <br /> <br />Answer: Yes <br /> <br />If Service Provider has less than 25 employees, did any Service Provider <br />Personnel who will work under this Professional Services Agreement retire <br />under a DRS retirement system? <br /> <br />Answer: N/A - Service Provider has 25 or more employees <br /> <br />“DRS retirement system” refers to any of the following Public Employers’ <br />Retirement System (PERS), School Employees’ Retirement System (SERS), <br />Teachers’ Retirement System (TRS), and Law Enforcement Officers and <br />Fire Fighters plan (LEOFF). <br /> <br />“Service Provider Personnel” includes Service Provider employees and <br />owners (such as shareholders, partners or members). If Service Provider is <br />a sole proprietor, then “Service Provider Personnel” refers to the sole <br />proprietor. <br />Agreed Amendments to General Provisions <br />The attached General Provisions are amended as follows: <br /> <br />The following is inserted after the first sentence of Section 2: “Any reuse by <br />the City of these reports, drawings, plans, specifications and intangible <br />property for purposes other than in connection with the Work is at the sole <br />risk of the City.” <br /> <br />The first sentence of Section 10 is replaced with the following sentence: “To <br />the extent of Service Provider’s negligence, breach of this Agreement, <br />violation or law, or willful misconduct, and except as otherwise provided in <br />this Section, Service Provider hereby agrees to defend and indemnify and <br />save harmless the City from any and all Claims arising out of, in connection <br />with, or incident to any acts, errors, omissions, or conduct by Service <br />Provider (or its employees, agents, representatives or <br />subcontractors/subconsultants) relating to this Agreement, whether such <br />Claims sound in contract, tort, or any other legal theory.” <br /> <br />The definition of Claims in Section 10-is replaced with the following: “(2) <br />‘Claims’ include, but is not limited to, any and all losses, penalties, fines, <br />claims, demands, expenses (including, but not limited to, attorney’s fees and <br />litigation expenses), suits, judgments, or damages, irrespective of the type of <br />relief sought or demanded, such as money or injunctive relief, and whether