3927 RUCKER AVE BASE FILE 2018-01-02 MF Import

11-1996 d:1IP44 FRom EvERETT CITY ATTw 2W 259 SSP3 P.3 City would not provide the required authorization, the Everett Clinic does agree to bear all risks associated with proceeding at this time and does further agree to defend, indemnify and save harmless the City of Everett, its appointed and elective officers, employees and agents from and against any and all liability, expenses, losses, claims or damage which arises) as a result of the Everett Clinic proceeding with the utility relocation work related to the Main Campus Expansion Project at this time and the Everett Clinic agrees to process, pay for and defend at its own expense all settlements, Judgments, claims, demands or suits at law or equity arising in whole or in part from the Everett Clinic proceeding with the utility relocation work related to the Main Campus Expansion Project at this time, Provided, however, to the extent that RCN 4.24.115 is applicable, nothing herein shall require the Everett Clinic to indemnify and hold harmless the City of Everett, its officers, esployees, and agents from claims, demands, damages, expenses or suits based solely upon the negligence of the City, its officers, employees, and agents and provided further that if the claims, demands, expenses or suits are caused by or result from the concurrent negligence of th,s Everett Clinic and the City of Everett, its officers, employees and agents, the indemnity provision provided herein shall be valid and enforceable to the extent rrovided by law. The Everett Clinic specifically and expressly waives any immunity under Industrial Insurance, Title 51 RCN, and acknowledges that this waiver has been mutually negotiated between the City of Everett and the Everett Clinic Dated this �_ day of "Fu^t , 1996. Out agec l—i (, 2