Ordinance 3444-15 with Acceptance

6.1.2 INDEMNIFICATION FOR RELOCATION. Grantee shall indemnify the City for any damages, claims, additional costs or expenses assessed against, or payable by, the City arising out of, or resulting from, directly or indirectly, Grantee's failure to remove, adjust or relocate any of its Facilities in the Rights -of -Way in a timely manner in accordance with any relocation required by the City. This indemnity provision shall survive the expiration, revocation, or termination of this Franchise. 6.1.3 RCW 4.24.115. With regard to any indemnification obligation in this Franchise, if (1) RCW 4.24.115 applies to a particular claim for injury, damage, loss, liability, cost, or expense, and (2) such claim for injury, damage, loss, liability, cost, or expense is caused by or results from the concurrent negligence of (a) the Grantee, its agents, or its employees, and (b) the City, then the Grantee's obligations under this Section shall apply only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Grantee specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Grantee recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. This indemnity provision shall survive the expiration, revocation, or termination of this Franchise. 6.1.4 PROCEDURES AND DEFENSE. If a claim or action arises, the City or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee's expense. The City may participate in the defense of a claim and, in any event, Grantee may not agree to any settlement of claims affecting the City without the City's approval. 6.1.5 NON-WAIVER- The ON-WAIVER The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this subsection. 6.1.6 EXPENSES. Grantee shall pay all expenses reasonably incurred by the City in defending itself with regard to any action, suit or proceeding indemnified by Grantee. The City's expenses shall include all out- of-pocket expenses, such as consultants' fees, and shall also include the reasonable value of any services rendered by the City Attorney or his/her assistants or any employees of the City or its agents. 6.2 Insurance. A. Grantee shall maintain in full force and effect at its own cost and expense each of the following policies of insurance: 12 of 30