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D. Business Interruption 12 <br /> No damages, compensation or claim shall be payable by City for inconvenience, loss of business or <br /> annoyance arising from any repair or restoration of any portion of the Premises or the Building. <br /> City shall use its best efforts to effect such repairs promptly. <br /> E. Workforce Improvements <br /> City will not carry insurance of any kind on any improvements paid for by Workforce or on <br /> Workforce's furniture or furnishings or on any fixtures, equipment, improvements or appurtenances <br /> of Workforce under this Lease and City shall not be obligated to repair any damage thereto or <br /> replace the same. <br /> F. Express Agreement <br /> The provisions of this § 13 (Damage or Destruction) shall be considered an express agreement <br /> governing any case of damage or destruction of the Building or Premises by fire or other casualty. <br /> 14. Waiver of Subrogation <br /> Whether the loss or damage is due to the negligence of either City or Workforce, their agents or <br /> employees, or any other cause, City and Workforce do each hereby release and relieve the other, <br /> their agents or employees, from responsibility for, and waive their entire claim of recovery for: (i) <br /> any loss or damage to the real or personal property of either located anywhere in the Building, <br /> including the Building itself, arising out of or incident to the occurrence of any of the perils which <br /> are covered by their respective property insurance policies in excess of self insured retention; (ii) <br /> any loss resulting from business interruption at the Premises, arising out of or incident to the <br /> occurrence of any of the perils which may be covered by any business interruption insurance policy <br /> in excess of self insured retention; and (iii)by any loss of rental income insurance policy in excess <br /> of self insured retention held by City or Workforce. Each party shall use best efforts to cause its <br /> insurance carriers to consent to the foregoing waiver of rights of subrogation against the other party. <br /> Notwithstanding the foregoing, no such release shall be effective unless the aforesaid insurance <br /> policy or policies shall expressly permit such a release or contain a waiver of the carrier's right to be <br /> subrogated. <br /> 15. Indemnification <br /> The City and the Workforce each agree to be responsible for any and all claims, damages or other <br /> liability, including costs for defense and attorney's fees, arising out of the acts or omissions of its <br /> own officers, employees, or agents in the performance of its obligations under this Lease. <br /> The Workforce warrants that its members and all Workforce employees involved in carrying out the <br /> duties under this Lease are protected against claims based upon their negligence while acting in good <br /> faith within the scope of their authority as agents of the State of Washington. This protection is <br /> provided by the State of Washington Self-Insurance Program under RCW 28B.10.842. Claims or <br /> Page 11 of 21 1 0 <br />