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<br /> their own evaluations and expressly disavow that they have relied in any respect upon any
<br /> statement or representation of the County.
<br /> 10. HOLD HARMLESS AND INDEMNIFICATION
<br /> A. PSE shall hold harmless,indemnify, and defend the County and the City,their officers,
<br /> directors,officials, employees, agents,and operators and their operator's officers,directors,
<br /> officials,employees, and agents, from and against any and all claims, actions,suits; liability,
<br /> loss, expenses,damages, and judgments ofany nature whatsoever,including costs and
<br /> attorney's fees in defense thereof, for injury, sickness, disability,or death to persons or
<br /> damage to property or business,caused by or arising out of PSE's acts, errors,or omissions
<br /> in the performance of this Agreement. PROVIDED HOWEVER,that PSE's obligation
<br /> hereunder shall not extend to injury,sickness, death,or damage caused by or arising out of
<br /> the sole negligence of the County or of the City,their officers, directors, officials, employees,
<br /> agents,or operators and their operator's officers,directors, officials, employees,and agents.
<br /> PROVIDED FURTHER,that in the event of the concurrent negligence of.the parties,PSE's
<br /> obligations hereunder shall apply only to the percentage of fault attributable to PSE, its
<br /> employees,or agents.
<br /> With respect to PSE's obligations to hold harmless,indemnify,and defend provided for
<br /> herein,but only as such obligations relate to claims, actions,or suits filed against the County
<br /> or the City,PSE further agrees to waive its immunity under the Industrial Insurance Act,
<br /> Title 51 RCW,for any injury or death suffered by PSE's employees caused by or arising out
<br /> of PSE's acts, errors,or omissions in the performance of this Agreement_. This waiver is
<br /> mutually negotiated by the parties.
<br /> PSE's obligations to hold harmless,indemnify, and defend the County and the City, their
<br /> officers,directors,officials, employees, and agents pursuant to this paragraph shall apply to
<br /> any and.all claims; actions,suits,liability,loss, expenses,damages, and judgments of any
<br /> nature whatsoever,including costs and attorney's fees in defense thereof, for injury, sickness,
<br /> disability,or death to persons ordamage to property or business caused by or arising out of
<br /> PSE's acts, errors or omissions in the design, construction,repair,maintenance, or operation
<br /> of its electric transmission lines.
<br /> PSE's obligations hereunder shall include,but are not limited to,investigating,adjusting,and
<br /> defending all claims alleging loss from action,error,or omission or breach of any common
<br /> law, statutory or other duty by PSE,PSE's employees,agents, or subcontractors.
<br /> B. The City shall hold harmless, indemnify, and defend the County and PSE,their officers,
<br /> directors,officials, employees,agents, and operators and their operator's officers, directors,
<br /> officials,employees, and agents,from and against any and all claims, actions,suits,liability,
<br /> loss, expenses,damages, and judgments of any nature whatsoever,including costs and
<br /> attorney's fees in defense thereof,for injury,sickness,disability or death to persona or
<br /> damage to property or business,caused by or arising out of the City's acts,errors or.
<br /> omissions in the performance of this Agreement, PROVIDED HOWEVER,that the City's
<br /> obligation hereunder shall not extend to injury,'sickness,death or damage caused by or
<br /> Draft 2009 DD6 Agreement 3gage
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