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Claim is asserted directly against the City, or whether it is asserted indirectly against the City,
<br /> e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the
<br /> City. The Contractor's duty to defend and indemnify pursuant to this paragraph is not in any way
<br /> limited to,or by the extent of, insurance obtained by, obtainable by, or required of the
<br /> Contractor. Solely and expressly for the purpose of its duties to indemnify and defend the City,
<br /> the Contractor specifically waives any immunity it may have under the State Industrial Insurance
<br /> Law,Title 51 RCW. The Contractor recognizes that this waiver of immunity under Title 51
<br /> RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the
<br /> subject of mutual negotiation.
<br /> As used in this section: (1)"City"includes the City's officers, employees, agents, and
<br /> representatives and(2) "Claims"include, but is not limited to, any and all losses, claims,
<br /> demands, expenses(including,but not limited to, attorney's fees and litigation expenses), suits,
<br /> judgments, or damage, irrespective of the type of relief sought or demanded, such as money or
<br /> injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to
<br /> property, economic loss, general damages, special damages, or punitive damages. Contractor
<br /> and the City agree that the term"damages"means a final judgment in a judicial proceeding for
<br /> damages arising out of bodily injury to persons or damage to property. The City and Contractor
<br /> expressly agree "damages" do not include or apply to any third-party claims, demands or suits
<br /> that have not been reduced to final judgment. Contractor is not required to indemnify the City
<br /> for damages caused solely by the negligence of the City. If damages are caused by, or result
<br /> from the concurrent negligence of Contractor and the City,then Contractor shall indemnify the
<br /> City only to the extent of Contractor's negligence.
<br /> 9. Insurance. Contractor shall procure and keep in force during the term of this Agreement,
<br /> at Contractor's own cost and expense,the following insurance:
<br /> a) Business automobile liability insurance, including coverage for the operation of owned,
<br /> leased,hired and non-owned vehicles used in the performance of Contractor's duties under this
<br /> Agreement. Limits of coverage shall be $1Million per accident(bodily injury and property
<br /> damage combined single limit) and$1Million for incidents involving uninsured/underinsured
<br /> motorist. A statement certifying that no vehicle will be used in fulfilling this Agreement may
<br /> be substituted for this insurance requirement.
<br /> b) Commercial general liability insurance, including coverage for products and completed
<br /> operations, bodily injury and property damage liability, contractual liability, independent
<br /> contractors' liability,personal and advertising injury liability. Limits of coverage shall be
<br /> $1Million per occurrence, and$2Million in the general aggregate per location.
<br /> Before commencing services under this Agreement, Contractor shall provide the City with
<br /> appropriate certificates of insurance as well as proof that the City of Everett is an additional
<br /> insured under the relevant policies, which may take the form of an additional insured
<br /> endorsement or a copy of a blanket additional insured clause from the relevant policies.
<br /> 10. Independent Contractor.
<br /> A. It is further agreed by and between the parties that because this Agreement shall not
<br /> constitute nor create an employer-employee relationship, and since the Contractor is an
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