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3 <br /> <br />City. Grantee’s duty to defend and indemnify and hold harmless pursuant to this Section is not <br />in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of <br />Grantee. Grantee shall not indemnify the City for claims caused solely by the negligence of the <br />City. If (1) RCW 4.24.115 applies to a particular claim, and (2) the bodily injury or damage to <br />property for which Grantee is to indemnify the City is caused or results from the concurrent <br />negligence of (a) Grantee, its agents, representatives and/or contractors and (b) the City, then <br />this Section will be only enforceable only to the extent of Grantee’s negligence. Solely and <br />expressly for the purpose of its duties to indemnify and defend and hold harmless the City, <br />Grantee specifically waives any immunity it may have under the State Industrial Insurance Law, <br />Title 51 RCW. Grantee recognizes that this waiver of immunity under Title 51 RCW was <br />specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of <br />mutual negotiation. As used in this section: (1) “The City” includes the City’s officers, employees, <br />agents, and representatives and (2) “claims” include, but is not limited to, any and all losses, <br />claims, demands, expenses (including, but not limited to, attorney’s fees and litigation expenses), <br />suits, judgments, or damage, irrespective of whether the damage alleged is bodily injury, damage <br />to property, economic loss, general damages, special damages, or punitive damages. If, and to <br />the extent, Grantee employs or engages contractors, then Grantee shall ensure that each such <br />contractor (and subsequent tiers of subcontractors) shall expressly agree to defend and <br />indemnify the City to the extent and on the same terms and conditions as Grantee pursuant to <br />this Section. This Section survives termination of this Right of Entry. <br />10. INSURANCE. Grantee shall, throughout the term of this Right of Entry, at its own <br />expense, keep and maintain in full force and effect the following policy, which shall be endorsed <br />as needed to provide that the insurance afforded by the policy is primary and that all i nsurance <br />or self-insured retention carried or maintained by the City is strictly excess and secondary and <br />shall not contribute with Grantee’s liability insurance: <br /> <br />A policy of commercial general liability insurance insuring against claims of bodily injury <br />and death or property damage or loss with a limit at the Effective Date of this Right of <br />Entry of not less than Two Million Dollars ($2,000,000.00) per occurrence and in <br />aggregate. Grantee shall include the City as an additional insured. <br />Grantee shall deliver to the City, prior to its entry on to Property, certificates evidencing the <br />existence of such policy. <br />11. MISCELLANEOUS. This Right of Entry may not be assigned by the Grantee. The laws <br />of the State of Washington shall apply to this Right of Entry. Exclusive venue for any dispute <br />arising out of or relating to this Right of Entry shall be in Snohomish County Superior Court, <br />Washington. This Right of Entry may be signed in counterparts. Scanned copies of a signature <br />or an e-signature on this Right of Entry will be considered the same as an ink signature. <br />AdobeSign signatures are fully binding. This Right of Entry may only be modified by a writing <br />explicitly stating it is a modification to this Right of Entry and signed by authorized representative <br />of the City. This Right of Entry represents the entire arrangement between the parties relating <br />to the Project on the Property and supersedes all other representations made prior hereto. <br />{signature and approval on next page}