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C <br /> 10. Subletting/Assignment of Contracts. Artist shall not sublet or assign any of the Work <br /> without the express, prior written consent of the City, except that the City hereby authorizes <br /> Artist to sublet a portion of the Work to Emil's Concrete Construction Company. <br /> 11. Indemnification. <br /> A. General. To the extent of her fault only, Artist will defend and indemnify the City from any <br /> and all Claims relating to, or arising out of, Artist's performance of this Agreement. Artist will <br /> defend and indemnify the City whether a Claim is asserted directly against the City, or whether a <br /> Claim is asserted indirectly against the City, e.g., a Claim is asserted against someone else who <br /> then seeks contribution or indemnity from the City. The amount of insurance obtained by, <br /> obtainable by, or required of Artist does not in any way limit Artist's duty to defend and <br /> indemnify the City. The City retains the right to approve Claims investigation and counsel <br /> assigned to said Claim and all investigation and legal work regarding said Claim shall be <br /> performed under a fiduciary relationship to the City. <br /> B. Waiver of Workmen's Compensation Immunity. Solely and expressly for the purpose of her <br /> duties to indemnify and defend the City, Artist specifically waives any immunity it may have <br /> under the State Industrial Insurance Law, Title 51 RCW. Artist 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. <br /> C. Definitions. As used in this section: (1) "City" includes the City's officers, employees, <br /> agents, and representatives; (2) "Claims" include all losses, claims, demands, expenses <br /> (including, but not limited to, attorney's fees and litigation expenses), suits, judgments, or <br /> damage, whether threatened, asserted or filed against the City, whether such Claims sound in <br /> tort, contract, or any other legal theory, whether such Claims have been reduced to judgment or <br /> arbitration award, irrespective of the type of relief sought or demanded (such as money or <br /> injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, damage <br /> to property, economic loss, general damages, special damages, or punitive damages); and (3) <br /> "Artist" includes Artist, her employees, agents, representatives and subcontractors. If, and to the <br /> extent, Artist employs or engages subcontractors, then Artist shall ensure that each such <br /> subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and <br /> indemnify the City to the extent and on the same terms and conditions as Artist pursuant to this <br /> section. <br /> 12. Insurance. <br /> A. Artist shall require that any person who performs any construction or installation portion <br /> of the Work on behalf of or under contract with the Artist (a "Subcontractor") comply with this <br /> Article 12 and procure and keep in force during the term of this Agreement, at no cost to the <br /> City, the following policies of insurance with companies authorized to do business in the State of <br /> Washington, which are rated at least "A" or better and with a numerical rating of no less than <br /> seven (7), by A.M. Best Company and which are acceptable to the City. Emil's Concrete <br /> Construction Company is a Subcontractor under this Section 12. <br /> u <br />