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I. In case of the breach of any provision of this section, City may, at its <br /> option and with no obligation to do so,provide and maintain at the expense of Theatre such <br /> types of insurance in the name of Theatre as City may deem proper, and may deduct the cost <br /> of providing and maintaining such insurance from any sums which may be due or become <br /> due to Theatre under this Agreement, or may demand Theatre to promptly reimburse City for <br /> such cost. <br /> VIII. INDEMNIFICATION <br /> Theatre hereby agrees to save City, its officers, employees and agents,harmless and <br /> indemnify them from all loss, claims or damage occasioned to City, its officers, employees or <br /> agents or to any third person or property by reason of any act or omission of Theatre, its <br /> employees, subcontractors or agents, or acts occurring during Theatre-sponsored <br /> performances and shall, after reasonable notice thereof, defend and pay the expense of <br /> defending any claim or suit which may be commenced against City, its officers, employees or <br /> agents, or any third person alleging injuries to person and/or damage to property by reason of <br /> such act or omission and will pay any judgment which may be obtained against City, its <br /> officers, employees, agents or third persons in such suit. Nothing herein shall require Theatre <br /> to indemnify and hold harmless City, its officers, agents, and employees from claims, <br /> demands, damages, expenses or suits caused solely by the negligence or willful misconduct <br /> of City, its officers, employees and agents; further, to the extent that RCW 4.24.115 is <br /> applicable, (A) if the claims, demands, expenses or suits are caused by or result from the <br /> concurrent negligence of(1) Theatre, its employees, subcontractors or agents and (2) City, its <br /> officers, agents and employees, the indemnity provisions provided herein shall be valid and <br /> enforceable only to the extent provided by law; and (B) solely for the purpose of this <br /> indemnification and defense, Theatre specifically waives any immunity under the State <br /> Industrial Insurance Law, Title 51 RCW. Theatre recognizes that this waiver of immunity <br /> 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. <br /> IX. MISCELLANEOUS <br /> A. No Joint Venture <br /> This Agreement does not create a joint venture or partnership between the parties of <br /> any kind. <br /> B. No Rights Created in Third Parties <br /> This Agreement does not confer or create any rights in any third parties and is not <br /> intended to benefit any third parties. <br /> C. Assignment - Transfer <br /> Theatre shall not sublet or assign any of the work covered by this Agreement without <br /> the express written consent of City. <br /> EVERETT/VILLAGE THEATRE AGREEMENT Page 8 of 10 <br />