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connection with, or incident to any negligent or intentional acts, errors, omissions, or conduct
<br /> Service Provider (or its employees, agents, representatives or subcontractors/subconsultants)by
<br /> relating to this Agreement, whether such Claims sound in contract, tort, or anyother theory.
<br /> The Service Provider is obligated to defend and indemnify the Citylegal theory.
<br /> whether a Claim is asserted directlyagainst the City, pursuant to this Section 10
<br /> the City, e.g., g or whether it is asserted indirectly against
<br /> a Claim is asserted against someone else who then seeks contribution or indemnity
<br /> from the City. The Service Provider's duty to defend and indemnify pursuant to this Section 10
<br /> is not in any way limited to, or by the extent of, insurance obtained by, obtainable by,
<br /> of the Service Provider. The Service Provider's obligations under this Section 10 shall
<br /> of apply ey
<br /> to Claims caused by the sole negligence of the City. If(1) RCW 4.24.115 applies to not apply
<br /> Claim, and (2) such Claim is caused by or results from the concurrent negligencepfr(a) the
<br /> icular
<br /> of (
<br /> Service Provider, its employees, subcontractors/subconsultants or agents and (b) the City, then
<br /> the Service Provider's obligations under this Section 10 shall apply only to the exten
<br /> allowed
<br /> RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend thby
<br /> City, the Service Provider specifically waives any immunity it may have under r the e
<br /> Industrial Insurance Law, Title 51 RCW. The Service Provider recognizes that this waiver of o f
<br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of
<br /> 4.24.115 and was the subject of mutual negotiation. As used in this Section 10: RCW
<br /> includes the City, the City's officers, employees, agents, and representatives and (" "City"
<br /> include, but is not limited to, any and all losses, penalties, fines, claims, dem (2) expenses
<br /> (including, but not limited to, attorney's fees and litigation expenses), suits, judgments,
<br /> ands, expenses
<br /> damages, irrespective of the type of relief sought or demanded, such as mone rinjunt or
<br /> relief, and irrespective of whether the damage alleged is bodilyinjury, damage to y or injunctive
<br /> economic loss, general damages, special damages, or punitive damageIf, and to theextent,
<br /> Service Provider employs or engages subconsultants or subcontractors, then Service
<br /> shall ensure that each such subconsultant and subcontractor (and subsequent Provider
<br /> subconsultants and subcontractors) shall expressly agree to defend and indemnify it to e
<br /> extent and on the same terms and conditions as the Service Provider pursuant to this Section City the
<br /> 10.
<br /> 11. Insur
<br /> A. Service Provider shall comply with the following conditions and procure and keep
<br /> force during the term of this Agreement, at Service Provider's own cost and expense,
<br /> following in
<br /> policies of insurance with companies authorized to do business in the State the
<br /> Washington, which are rated at least "A" or better and with a numerical ratin of
<br /> seven(7), by A.M. Best Company and which are acceptable to the City. g no less than
<br /> 1• Workers' Com ensation Insurance as required by Washington law and to er's
<br /> Liabili 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 toprovide
<br /> Workers' Compensation Insurance for its employees, unless the Service Provider
<br /> s
<br /> such employees. covers
<br /> 2. Commercial General Liabilit Insurance on an occurrence basis in an amount
<br /> less than $1,000,000 per occurrence and at least $2,000,000 in the annual a not
<br /> ggregate,
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<br /> Black Box 2017
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