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<br /> amount of insurance obtained by, obtainable by, or required of Service Provider does not in any
<br /> way limit Service Provider's duty to defend and indemnify the City. The City retains the right to
<br /> approve Claims investigation and counsel assigned to said Claim and all investigation and legal
<br /> work regarding said Claim shall be performed under a fiduciary relationship to the City.
<br /> B. Waiver of Workmen's Compensation Immunity. Solely and expressly for the purpose
<br /> of its duties to indemnify and defend the City, Service Provider specifically waives any immunity
<br /> it may have under the State Industrial Insurance Law, Title 51 RCW. Service Provider
<br /> recognizes that this waiver of immunity under Title 51 RCW was specifically entered into
<br /> pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation.
<br /> C. Definitions. As used in this section: (1) "City" includes the City's officers,
<br /> employees, agents, and representatives; (2) "Claims" include all losses, claims, demands,
<br /> expenses (including,but not limited to, attorney's fees and litigation expenses), suits,judgments,
<br /> or damage, whether threatened, asserted or filed against the City, whether such Claims sound in
<br /> tort, contract, or any other legal theory, whether such Claims have been reduced to judgment or
<br /> arbitration award, irrespective of the type of relief sought or demanded (such as money or
<br /> injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, damage
<br /> to property, economic loss, general damages, special damages, or punitive damages); and (3)
<br /> "Service Provider" includes Service Provider, its employees, agents, representatives and
<br /> subcontractors. If, and to the extent, Service Provider employs or engages subcontractors, then
<br /> Service Provider shall ensure that each such subcontractor(and subsequent tiers of
<br /> subcontractors) shall expressly agree to defend and indemnify the City to the extent and on the
<br /> same terms and conditions as Service Provider pursuant to this section.
<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 the City
<br /> authorizes sublet work, the Service Provider shall require each subcontractor to provide
<br /> Workers' Compensation Insurance for its employees, unless the Service Provider covers such
<br /> employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount
<br /> 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
<br /> will be used in accomplishing this Agreement may be substituted for this insurance requirement.
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