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<br /> waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The
<br /> Contractor recognizes that this waiver of immunity under Title 51 RCW was specifically entered into
<br /> pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in this
<br /> paragraph: (1) "City" includes the City's officers, employees, agents, and representatives and (2)
<br /> "Claims" include, but is not limited to, any and all losses, claims, demands, expenses (including,but not
<br /> limited to, attorney's fees and litigation expenses), suits,judgments, or damage, irrespective of the type
<br /> of relief sought or demanded, such as money or injunctive relief, and irrespective of whether the damage
<br /> alleged is bodily injury, damage to property, economic loss, general damages, special damages, or
<br /> punitive damages. Contractor's obligation to defend and indemnify the City does not apply to third party
<br /> claims for bodily injury or property damage caused by City's misuse of intangible property created by
<br /> Contractor under this Agreement. If, and to the extent, Contractor employs or engages subconsultants or
<br /> subcontractors, then Contractor shall ensure that each such subconsultant and subcontractor (and
<br /> subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and indemnify the
<br /> City to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph.
<br /> 11. Insurance.
<br /> A. City acknowledges Contractor is substantially self-insured and that such self-insurance
<br /> program satisfies the risk management requirements of this section. If, and only to the extent,
<br /> Contractor's self-insurance program materially changes, then Contractor shall comply with the following
<br /> conditions and procure and keep in force during the term of this Agreement, at Contractor's own cost and
<br /> expense, the following policies of insurance with companies authorized to do business in the State of
<br /> Washington, which are rated at least "A" or better and with a numerical rating of no less than seven (7),
<br /> by A.M. Best Company and which are acceptable to the City. In this circumstance, material change
<br /> means reduction or changes to the self-insurance program that would likely result in the Contractor not
<br /> being financially responsible for Claims up to the policy amounts described in this section.
<br /> 1. Workers' Compensation Insurance as required by Washington law and Employer's
<br /> Liability Insurance with limits not less than $1,000,000 per occurrence. If the City authorizes
<br /> sublet work, the Contractor shall require each subcontractor to provide Workers' Compensation
<br /> Insurance for its employees,unless the Contractor covers such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not less
<br /> than $1,000,000 per occurrence and at least$2,000,000 in the annual aggregate,including but not
<br /> limited to: premises/operations (including off-site operations), blanket contractual liability and
<br /> broad form property damage.
<br /> 3. Business Automobile Liability Insurance in an amount not less than $1,000,000 per
<br /> occurrence, extending to any automobile. A statement certifying that no vehicle will be used in
<br /> accomplishing this Agreement may be substituted for this insurance requirement.
<br /> 4. Professional Errors and Omissions Insurance in an amount not less than $1,000,000 per
<br /> occurrence and $1,000,000 in the annual aggregate. Such coverage may be written on a claims
<br /> made basis. If both parties agree that the Work does not warrant Contractor providing
<br /> Professional Errors and Omissions Insurance, this paragraph may be stricken and initialed by
<br /> both parties.
<br /> B. The above liability policies shall contain a provision that the policy shall not be canceled or
<br /> materially changed without 30 days prior written notice to the City. No cancellation provision in any
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