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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 Provider 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/subconsultants 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 /> 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 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 /> • <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, <br /> Page 4 <br /> (Form Approved by City Attorney's Office January 7,2010) <br /> 5 <br />