Laserfiche WebLink
3 <br />8.Indemnification. To the extent of its negligence, intentional misconduct, material breach <br />of this Agreement or violation of law, Global shall hold harmless, indemnify and defend the City, <br />its officers, employees and agents from and against any and all claims, actions, suits, liability, loss, <br />expenses, damages and judgments of any nature whatsoever, including costs and reasonable <br />attorney’s fees in defense thereof, for injury, sickness, liability or death to persons or damage to <br />property or business, caused by or arising out of or relating to this Agreement. Provided that in <br />the event of the concurrent negligence of the parties, Global’s obligations hereunder shall apply <br />only to the percentage of fault attributable to Global, its officers, employees or agents. <br />Notwithstanding the foregoing, City agrees that all of its property in or on the Arena shall be used <br />and/or stored in the Arena at the sole risk of the City, and City hereby waives and releases Global, <br />Arena and the Everett Public Facilities District from any and all claims or costs related thereto to <br />the fullest extent permitted by law. <br />9.Independent Contractor / Public Duty Doctrine. <br />It is further agreed by and between the parties that this Agreement shall not constitute nor <br />create an employer-employee relationship. Furthermore, City personnel providing EMS <br />services/Work hereunder shall remain employees or agents of the City and shall at all times <br />operate under the City’s command structure, protocols, and medical direction. Global shall have <br />no authority to supervise, direct, or control the professional judgment or medical decisions of <br />City personnel. <br />The purpose of this Agreement is to provide an administrative framework for the provision <br />of City EMS services at the Arena. The City’s performance of this Agreement is a governmental <br />function of the City fully subject to the Washington public duty doctrine. Global waives any right <br />it may have to assert that the City’s performance of the Agreement falls under any exception to <br />the public duty doctrine, including without limitation any exception based on (a) legislative <br />intent, (b) failure-to-enforce, (c) rescue or (d) special relationship. <br />10.Insurance. To the extent the City maintains a program of self -insurance, evidence of such a <br />program(s) shall be provided to Global prior to the start of the Work. <br />11.Compliance with Federal, State and Local Laws. Both parties shall comply with and obey all <br />federal, state and local laws, regulations, and ordinances applicable to the performance of Work <br />hereunder. <br />12.Waiver. Any waiver by Global or the City of the breach of any provision of this Agreement <br />by the other party will not operate, or be construed, as a waiver of any subsequent breach by <br />either party or prevent either party from thereafter enforcing any such provisions. <br />13.Complete Agreement. This Agreement contains the complete and integrated understanding <br />and Agreement between the parties and supersedes any understanding, Agreement or <br />negotiation whether oral or written not set forth herein. <br />14.Modification of Agreement. This Agreement may be modified as provided in Paragraph 6, <br />or by a writing explicitly identified as a modification of this Agreement that is signed by <br />authorized representatives of the City and Global.