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6. 6 Changes. The City may, from time to time, unilaterally change the scope of the services
<br /> of the Contractor to be performed hereunder. Such changes, including any increase or
<br /> decrease in the scope of work(and resulting increase or decrease in compensation), shall:
<br /> (a)be made only in writing and signed by an authorized City representative, (b)be
<br /> explicitly identified as a Change Order and (c)become a part of this Agreement.
<br /> 7. Subletting/Assignment of Contracts. Contractor shall not sublet or assign any of the
<br /> Work without the express,prior written consent of the City.
<br /> 8. Indemnification. Except as otherwise provided in this paragraph, the Contractor hereby
<br /> agrees to defend and indemnify the City from any and all Claims arising out of, in
<br /> connection with, or incident to any acts, errors, omissions, or conduct by contractor(or its
<br /> employees, agents, representatives sub-contractors/sub-consultants)relating to this
<br /> Agreement. The Contractor is obligated to defend and indemnify the City pursuant to
<br /> this paragraph whether a Claim is asserted directly against the City, or whether it is
<br /> 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 Contractor's duty to defend and
<br /> indemnify pursuant to this paragraph is not in any way limited to, or by the extent of,
<br /> insurance obtained by, obtainable by, or required of the Contractor. Solely and expressly
<br /> for the purpose of its duties to indemnify and defend the City, the Contractor specifically
<br /> waives any immunity it may have under the State Industrial Insurance Law, Title 51
<br /> RCW. The Contractor recognizes that this waiver of immunity under Title 51 RCW was
<br /> specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject
<br /> of mutual negotiation. As used in this paragraph: (1) :"City"includes the-City's fficers;
<br /> employees, agents, and representatives and(2) "Claims"include,but is not limited to,
<br /> any and all losses, claims, demands, expenses (including,but not limited to, attorney's
<br /> fees and litigation expenses), suits,judgments, or damage, irrespective of the type of
<br /> relief sought or demanded, such as money or injunctive relief, and irrespective of whether
<br /> the damage alleged is bodily injury, damage to property, economic loss, general damages,
<br /> special damages, or punitive damages.
<br /> 9. Insurance. Contractor shall procure and keep in force during the term of this
<br /> Agreement, at Contractor's own cost and expense, automobile liability insurance on all
<br /> vehicles used by Contractor in the performance of its duties under this Agreement. Proof
<br /> of such insurance shall be provided to the City prior to performing any services
<br /> hereunder. A statement certifying that no vehicle will be used in fulfilling this
<br /> Agreement may be substituted for this insurance requirement.
<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
<br /> an independent contractor, Contractor shall be responsible for all obligations relating
<br /> to federal income tax, self-employment FICA taxes and contributions, and all other so
<br /> called employer taxes and contributions, including,but not limited to, industrial
<br /> insurance(Workmen's Compensation), and that the Contractor agrees to indemnify,
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