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<br /> alleged is bodily injury, damage to property, economic loss, general damages, special damages, or
<br /> punitive damages; and (3) "negligent or reckless acts, errors, omissions or wrongful misconduct"
<br /> includes any act, error, omission or conduct that causes or contributes to, in whole or in part, a Claim
<br /> alleging the City breached an express or implied duty to provide adequate plans and specifications. If,
<br /> and to the extent, Beck employs or engages subconsultants, then Beck shall require that each such
<br /> subconsultant (and subsequent tiers of subconsultants) shall expressly agree to defend and indemnify the
<br /> City to the extent and on the same terms and conditions as Beck pursuant to this paragraph.
<br /> B. In any contract for construction of the facility described in the Scope of Work,City will endeavor to
<br /> add a provision to such contract requiring the construction contractor to defend and indemnify Beck on
<br /> substantially similar terms as the construction contractor is required to defend and indemnify the City.
<br /> Further, the City will endeavor to add a provision to such contract requiring the construction contractor
<br /> to endorse Beck as an additional insured, provided that the construction contractor may satisfy such
<br /> requirement by a blanket additional clause in its Commercial General Liability policy.
<br /> 11. Limitation of Liability.No employee of Beck shall have individual liability to City. To the extent
<br /> permitted by law, the total liability of Beck, its officers, directors, shareholders, employees and
<br /> subconsultants for any and all claims arising out of this Agreement, including attorneys' fees, and
<br /> whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or
<br /> indemnity claims based on third party claims, shall not exceed the revenue received by Beck under this
<br /> Agreement or one million dollars(U.S. $1,000,000.00),whichever is greater.
<br /> 12. No Consequential Damages Except to the extent of insurance coverage and limited by the
<br /> limitation of liability clause,Beck shall not be liable to City for any principal,interest, loss of anticipated
<br /> revenues, earnings,profits, increased expense of operation or construction,loss by reason of shutdown or
<br /> non-operation due to late completion or otherwise or for any other economic, consequential, indirect or
<br /> special damages.
<br /> 13. Insurance.
<br /> A. Beck shall comply with the following conditions and procure and keep in force during the term
<br /> of this Agreement, at Beck's own cost-and expense, the following policies of insurance with companies
<br /> authorized to do business in the State of Washington, which are rated at least "A" or better and with a
<br /> numerical rating of no less than seven(7),by A.M.Best Company and which are acceptable to the City.
<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, Beck shall require each subconsultant to provide Workers' Compensation Insurance
<br /> for its employees,unless Beck 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
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