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arising out of the sole negligence of the County or of PSE,their officers,directors, officials,
<br /> employees, agents,or operators and their operator's officers,directors,officials, employees,
<br /> and agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the
<br /> parties, the City's obligations hereunder shall apply only to the percentage of fault
<br /> attributable to the City, its employees or agents.
<br /> With respect to the City'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 PSE,the City further agrees to waive its immunity under the Industrial Insurance Act,
<br /> Title 51 RCW, for any injury or death suffered by.the.City's employees caused by or arising
<br /> out of the City's acts, errors,or omissions in the performance of this Agreement. This.
<br /> waiver is mutually negotiated by the parties.
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<br /> The City's obligations to hold harmless, indemnify,and defend the County and PSE, 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'sfees in defense thereof,for injury,sickness,
<br /> disability, or death to persons or damage to property or business,caused by or arising out of
<br /> the City's acts, errors or omissions in the design,construction,repair,maintenance,or
<br /> operation of its water transmission line.
<br /> The City's obligations hereunder shall include,but are not limited to, investigating, adjusting,
<br /> and defending all claims alleging loss from action, error,or omission,or breach of any
<br /> common law,statutory or other duty by the City, the City's employees, agents,or
<br /> subcontractors.
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<br /> C. The County shall hold harmless, indemnify and defend the City and PSE,their
<br /> officers,directors,officials, employees, agents, and operators and their operator's officers,
<br /> directors,officials,employees and agents, from and against any and all claims, actions, suits,
<br /> liability, loss, expenses, damages and judgments of any nature whatsoever,including costs
<br /> and 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 the County's acts,errors or
<br /> omissions in the performance of this Agreement. PROVIDED HOWEVER,that the
<br /> County's obligation hereunder shall not extend to injury,sickness,death or damage caused
<br /> by or arising out for the sole negligence of the City or of PSE,their officers,directors,
<br /> officials,employees, agents,or operators and their operator's officers,directors,officials,
<br /> employees and agents. PROVIDED FURTHER,that in the event of the concurrent
<br /> negligence of the parties, the County's obligations hereunder shall apply only to the
<br /> percentage of fault attributable to the County,its employees or agents.
<br /> With respect to the County's obligations to hold harmless, indemnify anddefend provided
<br /> for herein,but only as such obligations relate to claims,actions or suits filed against the City
<br /> or PSE,the County further agrees to waive its immunity under the Industrial Insurance Act,
<br /> Title 51 RCW, for any injury or death suffered by the County's employees causedby or
<br /> arising out of the County's acts, errors or omissions in the performance of this Agreement.
<br /> This waiver is mutually negotiated by the parties. ..
<br /> Draft 2009 DD6 Agreement 3Age 8
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