|
P
<br /> 5
<br /> Contractor is obligated to defend and indemnify the City and Design Team pursuant to this
<br /> paragraph whether a Claim is asserted directly against the City or Design Team,or whether it is
<br /> asserted indirectly against the City or Design Team, e.g., a Claim is asserted against someone
<br /> else who then seeks contribution or indemnity from the City or Design Team. The Contractor's
<br /> duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the
<br /> extent of, insurance obtained by, obtainable by,or required of the Contractor. The Contractor
<br /> shall not indemnify the City or Design Team for Claims caused solely by the negligence of the
<br /> City or Design Team. If(1)RCW 4.24.115 applies to a particular Claim, and (2)the bodily
<br /> injury or damage to property for which the Contractor is to indemnify the City or Design Team is
<br /> caused by or results from the concurrent negligence of(a)the Contractor,its employees,
<br /> subcontractors or agents and (b) the City or Design Team,then the Contractor's duty to
<br /> indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. Solely
<br /> and expressly for the purpose of its duties to indemnify and defend the City and Design Team,
<br /> the Contractor specifically waives any immunity it may have under the State Industrial Insurance
<br /> Law, Title 51 RCW. The Contractor recognizes that this waiver of immunity under Title 51
<br /> RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the
<br /> subject of mutual negotiation. As used in this paragraph: (1)"City" includes the City's officers,
<br /> employees, agents, and representatives and (2)"Claims" include,but is not limited to, any and all
<br /> losses,claims, demands, expenses (including, but not limited to, attorney's fees and litigation
<br /> expenses), suits,judgments, or damage, irrespective of the type of relief sought or demanded,
<br /> such as money or injunctive relief, and irrespective of whether the damage alleged is bodily
<br /> injury, damage to property, economic loss, general damages, special damages,or punitive
<br /> damages. If, and to the extent, Contractor employs or engages subcontractors,then Contractor
<br /> shall ensure that each such subcontractor(and subsequent tiers of subcontractors) shall expressly
<br /> agree to defend and indemnify the City and Design Team to the extent and on the same terms and
<br /> conditions as the Contractor pursuant to this paragraph.
<br /> 8.3. Waiver of Industrial Insurance Immunity
<br /> Contractor waives any right of contribution against the City. It is agreed and mutually negotiated
<br /> that in any and all claims against the City, its agents or employees, the Contractor, a
<br /> subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor,or
<br /> anyone for whose acts any of them may be liable,the defense and indemnification obligations
<br /> hereunder shall not be limited in any way by any limitation on the amount of damages,
<br /> compensation, or benefits payable by or for the Contractor or any subcontractor under industrial
<br /> worker's compensation acts, disability benefit acts, or other employees' benefit acts. Contractor's
<br /> and City's initials hereto indicate specific waiver of Contractor's industrial insurance immunity
<br /> in order to fulfill this indemnity. Solely for the purpose of indemnification and defense as
<br /> provided in this Contract,the Contractor specifically waives any immunity under the State
<br /> Industrial Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this
<br /> waiver of immunity under Title 51 RCW was the subject of mutual negotiation and was
<br /> specifically entered into pursuant to the provisions of RCW 4.24.115.
<br /> Everett Water Pollution Control Facility Expansion Phase A
<br /> Construction Agreement 15
<br /> t 33
<br />
|