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3 <br /> <br />(such as money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, <br />damage to property, economic loss, general damages, special damages, or punitive damages); and (3) <br />“Contractor” includes Contractor, its employees, agents, representatives and subcontractors. If, and to <br />the extent, Contractor employs or engages subcontractors, then Contractor shall ensure that each such <br />subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify and <br />hold harmless the City to the extent and on the same terms and conditions as the Contractor pursuant to <br />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 <br />determined to be solely or concurrently negligent, and if the City suffers any loss or must pay or defend <br />against any such claim, suit, demand or damage as a result of such breach. <br />9. 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, <br />the Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor or <br />subcontractor, or anyone for whose acts any of them may be liable, the defense and indemnification <br />obligations hereunder shall not be limited in any way by any limitation on the amount of damages, <br />compensation, or benefits payable by or for the Contractor or any subcontractor under industrial worker’s <br />compensation acts, disability benefit acts, or other employees’ benefit acts. Contractor’s and City’s <br />signatures hereto indicate specific waiver of Contractor’s industrial insurance immunity in order to fulfill <br />the indemnities hereunder. Solely for the purpose of indemnification and defense as provided in this <br />Contract, the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title <br />51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the <br />subject of mutual negotiation and was specifically entered into pursuant to the provisions of RCW <br />4.24.115. <br />10. 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 />11. 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 <br />cause whatsoever prior to completion. <br />12. 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 />13. Effective Date. This Contract is effective as of the date of the last person to sign it, and may be <br />executed in multiple counterparts, each of which shall be deemed an original. This Contract may be signed <br />with AdobeSign, and any such signature is fully binding. <br /> <br />[Remainder of Page Intentionally Left Blank]