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Lenora Regional SW Facility Division C – Contract Work Order # UP3792
<br />shall be performed under a fiduciary relationship to the City. This Section 8 is in addition to any other
<br />defense or indemnity or hold harmless obligation in the Contract Documents.
<br />B. The Contractor’s obligations under this Section 8 shall not apply to Claims caused by the sole negligence
<br />of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from
<br />the concurrent negligence of (a) the Contractor and (b) the City, then the Contractor’s liability under this
<br />Section 8 shall be only to the extent of the Contractor’s negligence.
<br />C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and representatives; (2)
<br />“Claims” include all losses, claims, demands, expenses (including, but not limited to, attorney’s fees and
<br />litigation expenses), suits, judgments, or damage, whether threatened, asserted or filed against the City,
<br />whether such Claims sound in tort, contract, or any other legal theory, whether such Claims have been
<br />reduced to judgment or arbitration award, irrespective of the type of relief sought or demanded (such as
<br />money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, damage to
<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 be
<br />entitled to damages for such a breach that include, but are not limited to, any loss (including, but not limited
<br />to, third party litigation expenses and professional fees) suffered by the City if the City is determined to be
<br />solely or concurrently negligent, and if the City suffers any loss or must pay or defend against any such claim,
<br />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,
<br />disability benefit acts, or other employees’ benefit acts. Contractor’s and City’s signatures hereto indicate
<br />specific waiver of Contractor’s industrial insurance immunity in order to fulfill the indemnities hereunder.
<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 Contractor
<br />expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of mutual
<br />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 and all property
<br />of others damaged by it, its employees, subcontractors, suppliers and agents.
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