|
10
<br /> OPL's obligations hereunder shall include, but are not limited to, investigating, adjusting,
<br /> and defending all claims alleging loss from action,error or omission or breach of any common
<br /> law, statutory or other duty by OPL,OPL's employees,agents, or subcontractors.
<br /> D. The County shall hold harmless, indemnify and defend the City, OPL and PSE,their
<br /> officers, directors,officials, employees, agents, and operators and their operator's officers,
<br /> directors, officials,employees and agents,from and against any and all claims, actions,suits,
<br /> liability, loss,expenses,damages and judgments of any nature whatsoever, including costs
<br /> and attorney's fees in defense thereof,for injury,sickness,disability or death to persons or
<br /> damage to property or business,caused by or arising out of the County's acts, errors or
<br /> omissions in the performance of this Agreement. PROVIDED HOWEVER, that the County's
<br /> obligation hereunder shall not extend to injury, sickness,death or damage caused by or
<br /> arising out of the sole negligence of the City,OPL or of PSE,their officers, directors, officials,
<br /> employees, agents,or operators and their operator's officers, directors,officials,employees
<br /> and agents. PROVIDED FURTHER,that in the event of the concurrent negligence of the
<br /> parties,the County's obligations hereunder shall apply only to the percentage of fault
<br /> attributable to the County, its employees or agents.
<br /> With respect to the County's obligations to hold harmless, indemnify and defend provided
<br /> for herein, but only as such obligations relate to claims,actions or suits filed against the City,
<br /> OPL or PSE,the County further agrees to waive its immunity under the Industrial Insurance
<br /> Act,Title 51 RCW,for any injury or death suffered by the County's employees caused by or
<br /> arising out of the County's acts,errors or omissions in the performance of this Agreement.
<br /> This waiver is mutually negotiated by the parties.
<br /> The County's obligations hereunder shall include, but are not limited to, investigating,
<br /> adjusting, and defending all claims alleging loss from action, error or omission or breach of
<br /> any common law, statutory or other duty by the County,the County's employees, agents, or
<br /> subcontractors.
<br /> 11. WAIVER AND RELEASE OF CLAIMS
<br /> A. Puget Sound Energy - _
<br /> PSE hereby waives any and all claims against the County for damage,whether direct, •
<br /> indirect or consequential,to its electric transmission lines and facilities or other property or for
<br /> injury to or death of any of its officers,agents or employees which may in any way arise from
<br /> the pursuit or accomplishment of the Tasks contemplated under this Agreement and waives
<br /> any and all claims against the County that any actions associated with the pursuit or
<br /> accomplishment of the Tasks contemplated under this Agreement interfere with or affect
<br /> PSE's electric transmission line easement rights and releases the County from any and all
<br /> liability therefore.
<br /> PSE further specifically acknowledges that it is participating in the Tasks contemplated
<br /> under this Agreement at its own risk and that the foregoing waiver and release applies to all
<br /> activities associated with such Tasks. PSE further covenants that it will make no claim
<br /> against the County or any of the other Parties in any way related to such Tasks whether
<br /> related to design, construction or otherwise, unless such claim arises against one of the other
<br /> Parties as a result of its gross negligence in the undertaking of Tasks or its failure to perform
<br /> under this Agreement.
<br /> Cost Share Agmt Final.doc Page 9
<br /> 88
<br />
|