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<br />Lenora Regional SW Facility Division C – CONTRACT Nov. 2025 <br />Work Order # UP3792 SP - lxxiii <br />property, economic loss, general damages, special damages, or punitive damages); and (3) “Contractor” <br />includes Contractor, its employees, agents, representatives and subcontractors. If, and to the extent, <br />Contractor employs or engages subcontractors, then Contractor shall ensure that each such subcontractor <br />(and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify and hold harmless <br />the City to the extent and on the same terms and conditions as the Contractor pursuant to this section. <br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the Contract <br />Documents. Failure to maintain such insurance shall be a material breach of the Contract. The City shall <br />be entitled to damages for such a breach that include, but are not limited to, any loss (including, but not <br />limited to, third party litigation expenses and professional fees) suffered by the City if the City is determined <br />to be solely or concurrently negligent, and if the City suffers any loss or must pay or defend against any such <br />claim, suit, demand or damage as a result of such breach. <br />10. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against the City. <br />It is agreed and mutually negotiated that in any and all claims against the City, its agents or employees, the <br />Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or <br />anyone for whose acts any of them may be liable, the defense and indemnification obligations hereunder <br />shall not be limited in any way by any limitation on the amount of damages, compensation, or benefits <br />payable by or for 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 specific <br />waiver of Contractor’s industrial insurance immunity in order to fulfill the indemnities hereunder. Solely for <br />the purpose of indemnification and defense as provided in this Contract, the Contractor specifically waives <br />any immunity under the State Industrial Insurance Law, Title 51 RCW. The Contractor expressly <br />acknowledges that this waiver of immunity under Title 51 RCW was the subject of mutual negotiation and <br />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 and all property <br />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 this contract <br />is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or bid, it became familiar <br />with the conditions of excavation, subsurface, backfill, materials, climatic conditions, location, traffic, and <br />other contingencies that may affect the work and has made its bid or proposal accordingly and (2) that it <br />assumes the responsibility and risk of all loss or damage to materials or work that may arise from any cause <br />whatsoever prior to completion. <br />13. Headings for Convenience Only. The headings in this document are for convenience only, and shall <br />not be used or considered to interpret or construe this document. <br />14. Effective Date. This Contract is effective as of the date of the last person to sign it, and may be executed <br />in multiple counterparts, each of which shall be deemed an original. This Contract may be signed with <br />AdobeSign, and any such signature is fully binding. <br />[Remainder of Page Intentionally Left Blank] <br /> <br />