2005/08/24 Council Agenda Packet

12 ` consultant's fees)that shall be suffered or incurred by CSR—Aeei Rinker, resulting or relating to: (1) claims or demands made by third parties against CSR AssociatedRinker with regard to the ownership, management, or use of each Transfer Lot after the applicable Transfer Date, including without limitation any claims and liabilities for personal injury or property damage, or any other liability, obligation or commitment of City(whether known or unknown, fixed or contingent, due or to become due);provided, however, that City shall not indemnify CSR AssociatedRinker for any claims or demands arising from or relating to hazardous materials or conditions on the respective Transfer Lots as of the-applicable Transfer Date; or (2) any breach by City of the covenants,representations or warranties of City contained in this Agreement (including, without limitation, any schedule,certificate, exhibit or other instrument delivered or to be delivered by City pursuant to this Agreement). (c) This mutual covenant is intended to be construed in a manner consistent • with RCW 4.24.115. Without limiting the generality of the foregoing, Buyer and Seller respectively each assume potential liability for actions brought by any of its employees, agents, contractors or subcontractors. Indemnity obligations hereunder shall not be limited by any workers' compensation, benefits or disability laws, and each party waives (as against the other party to this Agreement, but not as to any employee,worker or third party) any immunity that it may have under the Industrial Insurance Act, Title 51 RCW, or similar workers' compensation, benefits or disability laws. The foregoing waiver was mutually negotiated by the parties. 2004 Revised Development Agreement P:.!:.. •_•.. ..•: - • • ..2;• c:.. _ •••.. .. . 8/1/2005 ' !! .•!! • •!! _ •et et , !! :•te, ' , !!,:• et,: .•te— •'e,: :•!! l�