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insurance shall cover liability arising out of"any Auto". Business auto coverage <br /> shall be written on ISO form CA 00 01, or substitute liability form providing <br /> equivalent coverage. If necessary,the policy shall be endorsed to provide <br /> contractual liability coverage and cover a"covered pollution cost or expense" as <br /> provided in the 1990 or later editions of CA 00 01. <br /> The City waives all rights against DNR for the recovery of damages to the extent <br /> they are covered by business auto liability or commercial umbrella liability <br /> insurance. <br /> (4) Workers' Compensation Insurance: The City shall comply with all State of <br /> Washington workers compensation statutes and regulations. Workers' <br /> compensation coverage shall be provided for all employees of the City and <br /> employees of any subcontractor or sub-subcontractor. Coverage shall include <br /> bodily injury(including death)by accident or disease,which arises out of or in <br /> connection with the performance of this agreement. Except as prohibited by law, <br /> the City waives all rights of subrogation against DNR for recovery of damages to <br /> the extent they are covered by workers'compensation, employer's liability, <br /> commercial general liability or commercial umbrella liability insurance. <br /> The City shall indemnify DNR for all claims arising out of the City's, its <br /> subcontractor's, or sub-subcontractor's failure to comply with any State of <br /> Washington worker's compensation laws where DNR incurs fines or is required <br /> by law to provide benefits to or obtain coverage for such employees. Indemnity <br /> shall include all fines,payment of benefits to the City or subcontractor employees, <br /> or their heirs or legal representatives, and the cost of effecting coverage on behalf <br /> of such employees. Any amount owed to DNR by the City pursuant to the <br /> indemnity may be deducted from any payments owed by DNR to the City for <br /> performance of this Agreement. <br /> 17.01 Indemnification. To the fullest extent permitted by law,the City shall indemnify, defend <br /> and hold harmless DNR, its officials, agents and employees, from and against all claims arising <br /> out of or resulting from the performance of the Agreement. "Claim" as used in this agreement <br /> means any financial loss, claim, suit, action, damage, or expense, including but not limited to <br /> attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or <br /> destruction of tangible property including loss of use resulting therefrom. The City's obligation <br /> to indemnify, defend, and hold harmless includes any claim by the City's agents, employees, <br /> representatives, or any subcontractor or its employees. The City expressly agrees to indemnify, <br /> defend, and hold harmless DNR for any claim arising out of or incident to the City's or any <br /> subcontractor's performances or failure to perform the Agreement. The City's obligation to <br /> indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by any actual or <br /> alleged concurrent negligence of DNR or its agents, agencies, employees and officials. The City <br /> waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and <br /> hold harmless DNR and its agencies, officials, agents or employees. <br /> 5 of 9 Agreement No.CA 93-094458_Everett <br />