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<br />provided in this Section 10, to defend and indemnify the City from any and all Claims arising out
<br />or relating to the performance of this Agreement by Service Provider (or by its employees,
<br />agents, representatives or subcontractors/subconsultants), whether such Claims sound in contract,
<br />tort, or any other legal theory. The Service Provider is obligated to defend and indemnify the
<br />City pursuant to this Section 10 whether a Claim is asserted directly against the City, or whether
<br />it is asserted indirectly against the City, e.g., a Claim is asserted against someone else who then
<br />seeks contribution or indemnity from the City. The Service Provider's duty to defend and
<br />indemnify pursuant to this Section 10 is not in any way limited to, or by the extent of, insurance
<br />obtained by, obtainable by, or required of the Service Provider. The Service JProvider shall not
<br />indemnify the City for Claims caused solely by the negligence of the City. If (1) RCW 4.24.115
<br />applies to a particular Claim, and (2) the bodily injury or damage to property for which the
<br />Service Provider is to indemnify the City is caused by or results from the concurrent negligence
<br />of (a) the Service Provider, its employees, subcontractors/sub consultants or agents and (b) the
<br />City, then the Service Provider's duty to indemnify shall be valid and enforceable only to the
<br />extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify
<br />and defend the City, the Service Provider specifically waives any immunity it may have under the
<br />State Industrial Insurance Law, Title 51 RCW. The. Service Provider recognizes that this waiver
<br />of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of
<br />RCW 4.24.115 and was the subject of mutual negotiation. As used in this Section 10: (1) "City"
<br />includes the City, the City's officers, employees, agents, and representatives and (2) "Claims"
<br />include, but is not limited to, any and all losses, penalties, fines, claims, demands, expenses
<br />(including, but not limited to, attorney's fees and litigation expenses), suits, judgments, or
<br />damages, irrespective of the type of relief sought or demanded, such as money or injunctive
<br />relief, and irrespective of whether the damage alleged is bodily injury, damage to property,
<br />economic loss, general damages, special damages, or punitive damages. If, and to the extent,
<br />Service Provider employs or engages subconsultants or subcontractors, then Service Provider
<br />shall ensure that each such subconsultant and subcontractor (and subsequent tiers of
<br />subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to the
<br />extent and on the same terms and conditions as the Service Provider pursuant to this Section 10.
<br />11. Insurance.
<br />A. Service Provider shall comply with the following conditions and procure and keep in
<br />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 />five (5), by A.M. Best Company and which are acceptable to the City.
<br />1. Workers' Compensation Insurance as required by Washington law and Employer's
<br />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
<br />such employees.
<br />2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br />less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate,
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