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<br /> Service Provider (or its employees, agents, representatives or subcontractors/subconsultants)
<br /> relating to this Agreement, whether such Claims sound in contract, tort, or any other legal
<br /> theory. The Service Provider is obligated to defend and indemnify the City pursuant to this
<br /> Section 10 whether a Claim is asserted directly against the City, or whether it is asserted
<br /> indirectly against the City, e.g., a Claim is asserted against someone else who then seeks
<br /> contribution or indemnity from the City. The Service Provider's duty to defend and indemnify
<br /> pursuant to this Section 10 is not in any way limited to, or by the extent of, insurance obtained
<br /> by, obtainable by, or required of the Service Provider. The Service Provider shall not indemnify
<br /> the City for Claims caused solely by the negligence of the City. If(1) RCW 4.24.115 applies to
<br /> a particular Claim, and (2) the bodily injury or damage to property for which the Service
<br /> Provider is to indemnify the City is caused by or results from the concurrent negligence of(a)
<br /> the Service Provider, its employees, subcontractors/subconsultants or agents and (b) the City,
<br /> then the Service Provider's duty to indemnify shall be valid and enforceable only to the extent
<br /> allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and
<br /> 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 andall 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.
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<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 /> 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
<br /> the City authorizes sublet work, the Service Provider shall require each subcontractor to
<br /> provide Workers' Compensation Insurance for its employees, unless the Service Provider
<br /> covers 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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<br /> (Form Approved by City Attorney's Office January 7,2010)
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