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17. EQUALITY OF TREATMENT: BCG shall conduct its business in such a manner _
<br /> which assures fair, equal and nondiscriminatory treatment at all times and in accordance
<br /> with all applicable, Federal, State and local laws and specifically with regard to:
<br /> A. Treatment of customers in providing merchandise and services under the
<br /> provisions of this Agreement;
<br /> B. Treatment and hiring practices of staff under the provisions of this Agreement;
<br /> and
<br /> C. Selection of sub-consultants, subcontractors and vendors under the provisions of
<br /> this Agreement.
<br /> 18. LIENS AND ENCUMBRANCES: BCG shall keep the Facility free and clear of any
<br /> liens and encumbrances arising or growing out of its use and occupancy of the Facility.
<br /> At the City's request, BCG shall furnish the City written proof of payment of any item,
<br /> which would or might constitute the basis for such a lien on the Facility, if not paid.
<br /> 19. INDEMNIFICATION AND LIABILITY: Except as otherwise provided in this
<br /> Section, BCG hereby agrees to defend and indemnify the City from any and all Claims
<br /> arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by
<br /> BCG (or its officers, employees, agents, representatives subcontractors/sub-consultants)
<br /> relating to this Agreement. BCG's defense and indemnification pursuant to this
<br /> paragraph is not in any way limited to, or by the extent of, insurance obtained by,
<br /> obtainable by, or required of BCG. BCG shall not indemnify the City for Claims caused
<br /> solely by the negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim,
<br /> and(2)the bodily injury or damage to property for which BCG is to indemnify the City is
<br /> caused by or results from the concurrent negligence of (a) the BCG, its officers,
<br /> employees, subcontractors/subconsultants or agents and (b) the City, then BCG's
<br /> indemnification shall be valid and enforceable only to the extent allowed by RCW
<br /> 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the
<br /> City, BCG specifically waives any immunity it may have under the State Industrial
<br /> Insurance Law, Title 51 RCW. BCG recognizes that this waiver of immunity under Title
<br /> 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and
<br /> was the subject of mutual negotiation. As used in this Section: (1) "City" includes the
<br /> City's officers, employees, agents, and representatives and (2) "Claims" include, but is
<br /> not limited to, any and all losses, claims, demands, expenses (including, but not limited
<br /> to, attorney's fees and litigation expenses), suits, judgments, or damage, irrespective of
<br /> the type of relief sought or demanded, such as money or injunctive relief, and irrespective
<br /> of whether the damage alleged is bodily injury, damage to property, economic loss,
<br /> general damages, special damages, or punitive damages. If, and to the extent, BCG
<br /> employs or engages subconsultants or subcontractors, then BCG shall ensure that each
<br /> such subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br /> subcontractors) shall expressly agree to defend and indemnify the City to the extent and
<br /> on the same terms and conditions as BCG pursuant to this Section.
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