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employees, the Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor <br /> or 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 <br /> worker's compensation acts, disability benefit acts, or other employees' benefit acts. Contractor's and <br /> City's initials hereto indicate specific waiver of Contractor's industrial insurance immunity in order to <br /> fulfill this indemnity. 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, <br /> Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51 <br /> RCW was the subject of mutual negotiation and was specifically entered into pursuant to the <br /> provisions of RCW 4.24.115. <br /> 9. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all <br /> property of others damaged by it, its employees, subcontractors, suppliers and agents. <br /> 10. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under this <br /> contract is to be done at the Contractor's risk and that: (1) prior to submitting its proposal or bid, it <br /> became familiar with the conditions of excavation, subsurface, backfill, materials, climatic conditions, <br /> location, traffic, and other contingencies that may affect the work and has made its bid or proposal <br /> accordingly and <br /> 11. Headings for Convenience Only. The headings in this document are for convenience only, and <br /> shall not be used or considered to interpret or construe this document. <br /> 12. 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. <br /> HAWTHORNE ELEMENTARY <br /> SAFE ROUTES TO SCHOOL <br /> FED AID#SRTS-0420(021); COE#3540 SP-3 May 6,2015 <br />