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<br /> obtained by, obtainable by, or required of the Contractor. The Contractor shall not indemnify the
<br /> City for Claims caused solely by the negligence of the City. If(1) RCW 4.24.115 applies to a
<br /> particular Claim, and (2) the bodily injury or damage to property for which the Contractor is to
<br /> indemnify the City is caused by or results from the concurrent negligence of(a) the Contractor, its
<br /> employees, subcontractors/subconsultants or agents and (b) the City, then the Contractor's duty
<br /> to 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, the Contractor
<br /> specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51
<br /> RCW. The Contractor recognizes that this waiver of immunity under Title 51 RCW was
<br /> specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of
<br /> mutual negotiation. As used in this paragraph: (1) "City" includes the City's officers, employees,
<br /> agents, and representatives and (2) "Claims" include, but is not limited to, any and all losses,
<br /> claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses),
<br /> suits,judgments, or damage, irrespective of the type of relief sought or demanded, such as money
<br /> or injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to
<br /> property, economic loss, general damages, special damages, or punitive damages. If, and to the
<br /> extent, Contractor employs or engages subconsultants or subcontractors, then Contractor shall
<br /> ensure that each such subconsultant and subcontractor (and subsequent tiers of subconsultants
<br /> and subcontractors) shall expressly agree to defend and indemnify the City to the extent and on
<br /> the same terms and conditions as the Contractor pursuant to this paragraph.
<br /> ll. Insurance.
<br /> A. Contractor shall comply with the following conditions and procure and keep in force
<br /> during the term of this Agreement, at Contractor's own cost and expense, the following policies
<br /> of insurance with companies authorized to do business in the State of Washington, which are
<br /> rated 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 /> I. 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
<br /> City authorizes sublet work, the Contractor shall require each subcontractor to provide
<br /> Workers' Compensation Insurance for its employees, unless the Contractor covers such
<br /> employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br /> 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 $1,000,000
<br /> per occurrence, extending to any automobile. A statement certifying that no vehicle will
<br /> be used in accomplishing this Agreement may be substituted for this insurance
<br /> requirement.
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