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<br /> 10. Indemnification.
<br /> Except as otherwise provided in this paragraph, CH2M Hill hereby agrees to defend and
<br /> indemnify the City from any and all Claims to the proportionate extent arising out of, in
<br /> connection with, or incident to any negligent, reckless or intentional acts, errors, omissions, or
<br /> conduct by CH2M Hill (or its employees, agents, representatives, and subconsultants)relating to
<br /> this Agreement. CH2M Hill is obligated to defend and indemnify the City pursuant to this
<br /> paragraph whether a Claim is asserted directly against the City,or whether it is asserted indirectly
<br /> against the City, e.g., a Claim is asserted against someone else who then seeks contribution or
<br /> indemnity from the City. CH2M Hill's duty to defend and indemnify pursuant to this paragraph
<br /> is not in any way limited to, or by the extent of,insurance obtained by, obtainable by, or required
<br /> of CH2M Hill. CH2M Hill shall not indemnify the City for Claims caused solely by the
<br /> negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim, and (2) the bodily
<br /> injury or damage to property for which CH2M Hill is to indemnify the City is caused by or
<br /> results from the concurrent negligence of (a) CH2M Hill, its employees, subconsultants, or
<br /> agents and (b) the City, then CH2M Hill's duty to indemnify shall be valid and enforceable only
<br /> to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to
<br /> indemnify and defend the City, CH2M Hill specifically waives any immunity it may have under
<br /> the State Industrial Insurance Law, Title 51 RCW. CH2M Hill recognizes that this waiver of
<br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) "City"
<br /> includes the City's officers, employees, agents, and representatives; (2) "Claims"include,but are
<br /> not limited to, any and all losses, claims, demands, expenses (including, but not limited to,
<br /> attorney's fees and litigation expenses), suits,judgments, or damage, irrespective of the type of
<br /> relief sought or demanded, such as money or injunctive relief, and irrespective of whether the
<br /> damage alleged is bodily injury, damage to property, economic loss, general damages, special
<br /> damages, or punitive damages; and (3) "negligent, reckless or intentional acts, errors, omissions
<br /> or conduct"includes any act, error,omission or conduct that causes or contributes to, in whole or
<br /> in part, a Claim alleging the City breached an express or implied duty to provide adequate plans
<br /> and specifications. If, and to the extent, CH2M Hill employs or engages subconsultants, then
<br /> CH2M Hill shall ensure that each such subconsultant (and subsequent tiers of subconsultants)
<br /> shall expressly agree to defend and indemnify the City to the extent and on the same terms and
<br /> conditions as CoH2M Hill pursuant to this paragraph.
<br /> 11. Insurance.
<br /> A. CH2M Hill shall comply with the following conditions and procure and keep in force
<br /> during the term of this Agreement, at CH2M Hill's own cost and expense, the following
<br /> policies of insurance with companies authorized to do business in the State of Washington,
<br /> which are rated "A" or better and with a numerical rating of no less than seven (7), by A.M.
<br /> 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
<br /> accidentoccurrence. If the City authorizes sublet work, CH2M Hill shall require each
<br /> subcontractor to provide Workers' Compensation Insurance for its employees, unless
<br /> CH2M Hill covers such employees.
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