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OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
<br /> RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
<br /> EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY
<br /> CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE
<br /> OF RAILWAY. This obligation shall not include such claims, costs,
<br /> damages, or expenses which may be caused by the sole negligence of
<br /> Railway or its contractors, agents or employees; Provided, that if the
<br /> claims or damages are caused by or result from the concurrent negligence
<br /> or other acts or omissions of (a) Railway, its contractors, agents or
<br /> employees and (b) Contractor, its subcontractors, agents or employees,
<br /> this provision shall be valid and enforceable only to the extent of the
<br /> negligence of the Contractor, its subcontractors, agents or employees.
<br /> It is mutually negotiated between the parties that the indemnification
<br /> obligation shall include all claims brought by Contractor's employees
<br /> against Railway, its agents, servants, employees or otherwise, and
<br /> Contractor expressly waives its immunity under the industrial insurance
<br /> act (RCW Title 51) and assumes potential liability for all actions brought by
<br /> its employees.
<br /> THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
<br /> INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST
<br /> RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT,
<br /> INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY
<br /> APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO
<br /> CLAIMED.
<br /> Contractor further agrees, at its expense, in the name and on behalf of Railway,
<br /> that it will adjust and settle all claims made against Railway, and will, at Railway's
<br /> discretion, appear and defend any suits or actions of law or in equity brought
<br /> against Railway on any claim or cause of action arising or growing out of or in
<br /> any manner connected with any liability assumed by Contractor under this
<br /> Agreement for which Railway is liable or is alleged to be liable. Railway will give
<br /> notice to Contractor, in writing, of the receipt or dependency of such claims and
<br /> thereupon Contractor must proceed to adjust and handle to a conclusion such
<br /> claims, and in the event of a suit being brought against Railway, Railway may
<br /> forward summons and complaint or other process in connection therewith to
<br /> Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle
<br /> such suits and protect, indemnify, and save harmless Railway from and against
<br /> all damages, judgments, decrees, attorney's fees, costs, and expenses growing
<br /> out of or resulting from or incident to any such claims or suits.
<br /> In addition to any other provision of this Agreement, in the event that all or any
<br /> portion of this Article shall be deemed to be inapplicable for any reason, including
<br /> without limitation as a result of a decision of an applicable court, legislative
<br /> enactment or regulatory order, the parties agree that this Article shall be
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