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City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or
<br /> results from the concurrent negligence of(a)DD5, its employees, subcontractors/subconsultants
<br /> or agents and (b) the City, then DDS's obligations under this Section 7 shall apply only to the
<br /> extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to
<br /> indemnify and defend the City, DD5 specifically waives any immunity it may have under the
<br /> State Industrial Insurance Law, Title 51 RCW. DD5 recognizes that this waiver of immunity
<br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115
<br /> and was the subject of mutual negotiation. As used in this Section 7: (1) "City" includes the
<br /> City, the City's officers, employees, agents, and representatives and (2) "Claims" include, but is
<br /> not limited to, any and all losses, penalties, fines, claims, demands, expenses (including, but not
<br /> limited to, attorney's fees and litigation expenses), suits,judgments, or damages, irrespective of
<br /> the type of relief sought or demanded, such as money or injunctive relief, and irrespective of
<br /> whether the damage alleged is bodily injury, damage to property, economic loss, general
<br /> damages, special damages, or punitive damages. If, and to the extent, Service Provider employs
<br /> or engages subconsultants or subcontractors, then Service Provider shall ensure that each such
<br /> subconsultant and subcontractor (and subsequent tiers of subconsultants and subcontractors)
<br /> shall expressly agree to defend and indemnify the City to the extent and on the same terms and
<br /> conditions as DD5 pursuant to this Section 7.
<br /> S. INSURANCE.
<br /> Liability Insurance. During the term of this License,the DD5 shall procure and
<br /> maintain broad form commercial general liability insurance(including automobile liability
<br /> insurance),with single limits coverage in the amount of at least Two Million Dollars
<br /> ($2,000,000), which insurance shall include,without limitation, coverage for all of its activities,
<br /> operations,and omissions within the City's Property and contractual liability coverage for DDS's
<br /> obligations under this License. Such insurance shall: (a)be issued by a responsible insurance
<br /> company that is licensed to do business in Washington and is rated A+or better in Best's Key
<br /> Rating Guide and(b)name the City, its officers, employees, and agents as additional insureds.
<br /> Other Insurance. DD5 shall provide and maintain, at its cost, such workers'
<br /> compensation and employees' liability coverage as may be required by applicable law for its
<br /> operations on or about the City's Property during the term of this License.
<br /> General. DD5 shall provide the City within ten(10) days of the execution of this
<br /> License with a certificate of insurance evidencing such required insurance coverage. All of such
<br /> policies of insurance shall include an endorsement obligating the insurer to give the City thirty
<br /> (30) days' prior written notice of cancellation or change in scope or amount of coverage of such
<br /> insurance policy.
<br /> 9. TERMINATION.
<br /> The City or DD5 may terminate this license at any time, for any reason
<br /> whatsoever upon 15 days prior written notice to DD5.
<br /> 10. AS-IS. DD5 hereby accepts the License Area in its existing condition and state
<br /> of repair, "AS IS,""WHERE IS," subject to any easements or other interests which may appear
<br /> DD5-City of Everett Temporary Construction License Agreement page 3
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