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<br /> specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51
<br /> RCW. The Service Provider 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,
<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, Service Provider employs or engages subconsultants or
<br /> subcontractors,then Service Provider shall ensure that each such subconsultant and subcontractor
<br /> (and subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and
<br /> indemnify the City to the extent and on the same terms and conditions as the Service Provider
<br /> pursuant to this paragraph.
<br /> 11. Insurance.
<br /> A. Service Provider shall comply with the following conditions and procure and keep in
<br /> force during the term of this Agreement, at Service Provider's own cost and expense, the
<br /> following policies of insurance with companies authorized to do business in the State of
<br /> Washington, which are rated at least "A" or better and with a numerical rating of no less than
<br /> 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
<br /> Employer's Liability Insurance with limits not less than $1,000,000 per occurrence. If
<br /> the City authorizes sublet work, the Service Provider shall require each subcontractor to
<br /> provide Workers' Compensation Insurance for its employees, unless the Service Provider
<br /> covers such 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.
<br /> 4. Professional Errors and Omissions Insurance in an amount not less than
<br /> $1,000,000 per occurrence and $1,000,000 in the annual aggregate. Such coverage may
<br /> be written on a claims made basis. If both parties agree that the Work does not warrant
<br /> Service Provider providing Professional Errors and Omissions Insurance, this paragraph
<br /> may be stricken and initialed by both parties.
<br /> B. The above liability policies shall contain a provision that the policy shall not be
<br /> canceled or materially changed without 30 days prior written notice to the City. No cancellation
<br /> provision in any insurance policy shall be construed in derogation of the continuous duty of the
<br /> Service Provider to furnish the required insurance during the term of this Agreement.
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