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<br /> The amount of insurance obtained by,obtainable by,or required of Service Provider does not in
<br /> any way limit Service Provider's duty to indemnify and hold harmless the City. The City retains
<br /> the right to approve Claims investigation and counsel assigned to said Claim.
<br /> B. Waiver of Workmen's Compensation Immunity. Solely and expresslor tl-ie purpose oTits
<br /> duties to indemnify and hold harmless the City,Service Provider specifically waives any
<br /> immunity it may have under the State Industrial Insurance Law,Title 51 RCW. Service Provider
<br /> recognizes that this waiver of immunity under Title 51 RCW was specifically entered into
<br /> pursuant.to theprovisions of RCW 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 /> attorney's fees and litigation expenses(including,but not limited to,attorney's fees and litigation. -
<br /> expenses incurred by the City in defense of a suit,demand or claim for which the Service
<br /> Provider is obligated toindemnify and hold harmless the:City under this Agreement),suits,
<br /> judgments,or damage,whether threatened,asserted or filed against the City,whether such
<br /> Claims sound in tort,contract,or any other legal theory,whether such Claims have been reduced
<br /> to judgment or arbitration award,irrespective of the type of relief sought or demanded(such as
<br /> money or injunctive relief),and irrespective of the type of damage alleged(such as bodily injury, .
<br /> damage to property,economic loss,general damages,special damages,or punitive damages);and
<br /> (3) "Service Provider"includes Service Provider,its employees,agents,representatives and
<br /> subcontractors. If,and to the extent,Service Provider employs or engagessubcontractors,then
<br /> Service Provider shall ensure that each such subcontractor(and subsequent tiers of
<br /> subcontractors)shall expressly agree to indemnify and hold harmless the City to the extent and
<br /> on the same terms and conditions as Service Provider pursuant to this section.
<br /> 11. Insurance.
<br /> A. Service Provider shall comply with the following conditions and procure and keep
<br /> in force'during the term of this Agreement,at Service Provider's own cost and expense,the
<br /> 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.
<br /> 1. Workers'Compensation Insurance as required by Washington law and
<br /> Employer's Liability 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 to provide
<br /> Workers' Compensation Insurance for its employees, unless the Service Provider covers such
<br /> employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount
<br /> not less than$1,000,000 per occurrence and at least$2,000,000 in the annual aggregate,
<br /> including but not limited to:premises/operations(including off-site operations),blanket
<br /> contractual liability and broad form property damage.
<br /> 3. Business Automobile Liability Insurance in an amount not less than
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