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{
<br />1.
<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's,
<br />obligations under this Section 10 shall_ not apply to Claims caused by the sole negligence of the
<br />City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or
<br />results from the concurrent negligence of (a) the Service Provider, its employees,
<br />subcontractors/subconsultants or agents and (b) the City, then the Service Provider's obligations
<br />under this Section 10 shall apply only to the extent allowed by RCW 4.24.115. Solely and
<br />expressly for the purpose of its duties to indemnify and defend the City, the Service Provider
<br />specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51
<br />RCW. The Service Provider recognizes that this waiver of immunity under Title 51 RCW was
<br />specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of
<br />mutual negotiation. As used in this Section 10: (1) "City" includes the City, the City's officers,
<br />employees; agents, and representatives and (2) "Claims" include, but is not limited to, any and
<br />all losses, penalties, fines, claims, demands, expenses (including, but not limited to, attorney's
<br />fees and litigation expenses), suits, judgments, or damages, irrespective of the type of relief
<br />sought or demanded, such as. money or injunctive relief, and irrespective of whether the damage
<br />alleged is bodily injury, damage to property, economic loss, general damages, special damages,
<br />or punitive damages. If, and to the extent, Service Provider employs or engages subconsultants
<br />or subcontractors, then Service Provider shall ensure that each such subconsultant and
<br />subcontractor (and subsequent tiers of subconsultants and subcontractors) shall expressly agree
<br />to defend and indemnify the City to the extent and on the same terms and conditions as the
<br />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 />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 52,000,000 in the annual aggregate,
<br />including but not limited to: premises/operations (including off-site operations), blanket
<br />contractual liability and broad form property damage.
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