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1 <br /> POLICE HQ—MASONRY CLEANING AND REPAIR APRIL 15, 2016 <br /> 1 <br /> its agents or employees,the Contractor,a subcontractor, anyone directly or indirectly employed <br /> by the Contractor or subcontractor, or anyone for whose acts any of them may be liable, the <br /> defense and indemnification obligations hereunder shall not be limited in any way by any <br /> limitation on the amount of damages, compensation, or benefits payable by or for the Contractor <br /> or any subcontractor under industrial worker's compensation acts, disability benefit acts, or other <br /> employees' benefit acts. Contractor's and City's signatures hereto indicate specific waiver of <br /> Contractor's industrial insurance immunity in order to fulfill this indemnity. Solely for the <br /> purpose of indemnification and defense as provided in this Contract,the Contractor specifically <br /> 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 <br /> mutual negotiation and was specifically entered into pursuant to the provisions of RCW <br /> 4.24.115. <br /> 11. Repair of Damage. The Contractor agrees to repair and replace all property of the City <br /> and all property of others damaged by it, its employees, subcontractors, suppliers and agents. <br /> 12. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under <br /> this contract is to be done at the Contractor's risk and that: (1)prior to submitting its it became <br /> 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 <br /> accordingly and(2)that it assumes the responsibility and risk of all loss or damage to materials <br /> or work that may arise from any cause whatsoever prior to completion. <br /> 13. Headings for Convenience Only. The headings in this document are for convenience ' <br /> only, and shall not used or considered to interpret or construe this document. <br /> 14. Effective Date. This Contract is effective as of the date of the last person to sign it, and <br /> may be executed in multiple counterparts, each of which shall be deemed an original. <br /> [Remainder of Page Intentionally Left Blank] I <br /> 1 <br /> 1 <br /> I <br /> AGREEMENT FORM 00 5213 -4 <br />