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<br /> said Claim shall be performed under a fiduciary relationship to the City.
<br /> B. HDR and the City agree that the term "damages"as used in RCW 4.24.1 15 (and referred to in
<br /> this Contract as "Damages") means a final judgment in a judicial proceeding for damages arising
<br /> out of bodily injury to persons or damage to property. The City and HDR expressly agree
<br /> Damages do not include or apply to any third-party claims, demands or suits that have not been
<br /> reduced to final judgment. HDR is not required to indemnify the City, its officers, agents, and
<br /> employees for Damages caused solely by the negligence of the City. If Damages are caused by, or
<br /> result from, the concurrent negligence of HDR and the City, then HDR shall indemnify the City
<br /> only to the extent of HDR's negligence.
<br /> C. As used in this section: (1) "City"includes the City's officers, employees, and agents; (2)
<br /> "Claims"include all losses, claims,demands, expenses (including, but not Iimited to, attorney's
<br /> fees and litigation expenses), suits,judgments, or damage, whether threatened, asserted or filed
<br /> against the City, whether such Claims sound in tort, contract, or any other legal theory, whether
<br /> such Claims have been reduced to judgment or arbitration award, irrespective of the type of relief
<br /> sought or demanded (such as money or injunctive relief), and irrespective of the type of damage
<br /> alleged (such as bodily injury, damage to property, economic loss, general damages, special
<br /> damages, or punitive damages); (3)"HDR"includes HDR, its employees, agents, representatives
<br /> and subconsultants/subcontractors. If, and to the extent, HDR employs or engages
<br /> subcontractors or subconsultants,then HDR shall ensure that each such subcontractor or
<br /> subconsultant (and subsequent tiers of subcontractors or subconsultants) shall expressly agree to
<br /> defend and indemnify the City to the extent and on the same terms and conditions as HDR
<br /> pursuant to this section.
<br /> 11. Insurance.
<br /> A. HDR shall comply with the following conditions and procure and keep in force
<br /> during the term of this Agreement, at HDR's own cost and expense, the following policies of
<br /> insurance with companies authorized to do business in the State of Washington, which are rated
<br /> at least"A-"or better and with a numerical rating of no less than seven (7),by A.M. Best
<br /> Company and which are acceptable to the City.
<br /> 1. Workers' Compensation Insurance as required by Washington law and
<br /> Employer's Liability Insurance with limits not less than$1,000,000 per occurrence. If the City
<br /> authorizes sublet work, HDR shall require each subcontractor to provide Workers' Compensation
<br /> Insurance for its employees, unless HDR covers such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an
<br /> amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate,
<br /> including but not limited to: premises/operations (including off-site operations), blanket
<br /> contractual liability and broad form property damage.
<br /> 3. Business Automobile Liability Insurance in an amount not less than
<br /> $1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle
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<br /> Agreement 4 of 8
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