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<br /> contractors or subcontractors/sub-consultants and (b) the Grantor, then the County's
<br /> duty to indemnify shall be valid and enforceable only to the extent caused by or
<br /> resulting from the County's negligent acts or omissions or intentional misconduct.
<br /> Solely and expressly for the purpose of its duties to indemnify and defend the Grantor,
<br /> the County specifically waives any immunity it may have under the State Industrial
<br /> Insurance Law, Title 51 RCW. The County recognizes that this waiver of immunity
<br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1)
<br /> "Grantor" includes the Grantor's officers, elected and appointed officials, employees,
<br /> agents, representatives, contractors, and subcontractors/subconsultants and (2)
<br /> "Claims" include, but is not limited to, any and all losses, claims, demands, expenses
<br /> • (including, but not limited to, attorney's fees and litigation expenses), suits,
<br /> judgments, or damage, irrespective of whether the damage alleged is bodily injury,
<br /> damage to property, economic loss, general damages, special damages, or punitive
<br /> damages. If, and to the extent, County employs or engages contractors, consultants,
<br /> sub-consultants or subcontractors, then County shall ensure that each such contractor
<br /> consultants, sub-consultants and subcontractors (and subsequent tiers of sub-
<br /> consultants and subcontractors) shall expressly agree to defend and indemnify the
<br /> Grantor to the extent and on the same terms and conditions as the County pursuant to
<br /> this paragraph.
<br /> 9. Insurance:
<br /> The County certifies that it is self-insured up to combined single limit coverage of
<br /> $1,000,000.00. If the County ceases to be self-insured during the term of this
<br /> Easement, the County agrees to purchase commercial general liability insurance with
<br /> combined single limit coverage of$1,000,000.00, endorsing the City as an additional
<br /> insured. Neither the County's certification nor representation as to insurance limit
<br /> coverage herein shall limit the County's liability under this Easement to said amount
<br /> of coverage.
<br /> 10. Conflict With Installations of Grantor:
<br /> In the event that it should become necessary for the Grantor to maintain, construct or
<br /> install additional facilities, improvements or otherwise use Grantor's property and if,
<br /> in the reasonable judgment of the Grantor, the location, existence and use of the
<br /> County's improvements interferes with such maintenance, construction, installation
<br /> or use, to the extent that it is impracticable or more expensive to accomplish such
<br /> maintenance, construction, installation or use, or that such maintenance, construction,
<br /> installation or use may pose a hazard because of the location, existence or use of the
<br /> improvements, County shall have the obligation to either, in County's sole discretion,
<br /> (a) protect, modify or relocate the improvements at the cost and expense of County,
<br /> so as to remove the interference or hazard to Grantor's satisfaction, or (b) to
<br /> reimburse Grantor for its added costs of design, maintenance, construction and
<br /> installation to avoid such interference or hazard. In the event Grantor intends to
<br /> undertake any such maintenance, construction, installation and/or use, Grantor shall
<br /> give the County reasonable advance written notice of such intention together with
<br /> preliminary plans and specifications for such work. Except in the case of an
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