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construction phase work under this Agreement to issue the required permits or approvals in a
<br /> timely manner, or other causes outside of the reasonable control or contemplation of a Party.
<br /> 8. Indemnification and Hold Harmless
<br /> 8.1 District's Indemnification of City. The District shall indemnify, defend and hold
<br /> harmless the City, its officers, appointed and elected officials, employees and agents, from and
<br /> against all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature
<br /> whatsoever, including costs and reasonable attorneys' fees in defense thereof, for injury,
<br /> sickness, liability or death to persons or damage to property or business, caused by or arising out
<br /> of negligent or intentional acts, errors or omissions of the District, its officers, officials,
<br /> employees and/or agents in the performance of this Agreement; provided, that in the event of the
<br /> concurrent negligence of the Parties, the District's obligations hereunder shall apply only to the
<br /> percentage of fault attributable to the District, its officers, officials, employees and/or agents.
<br /> 8.2 City's Indemnification of District. The City shall indemnify, defend and hold
<br /> harmless the District, its officers, appointed and elected officials, employees and agents, from
<br /> and against all claims, actions, suits, liability, loss, expenses, damages and judgments of any
<br /> nature whatsoever, including costs and reasonable attorneys' fees in defense thereof, for injury,
<br /> sickness, liability or death to persons or damage to property or business, caused by or arising out
<br /> of negligent or intentional acts, errors or omissions of the City, its officers, officials, employees
<br /> and/or agents in the performance of this Agreement; provided, that in the event of the concurrent
<br /> negligence of the Parties, the City's obligations hereunder shall apply only to the percentage of
<br /> fault attributable to the City, its officers, officials, employees and/or agents.
<br /> 8.3 Waiver of Immunity Under Industrial Insurance Act. The indemnification
<br /> provisions of this Section are specifically intended to constitute a waiver of each party's
<br /> immunity under Washington's Industrial Insurance Act, Title 51 RCW, as with respect to the
<br /> other party only, and only to the extent necessary to provide the indemnified party with a full and
<br /> complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge
<br /> that these provisions were specifically negotiated and agreed upon by them.
<br /> 8.4 Survival. The provisions of this Section 8 shall survive the expiration or
<br /> termination of this Agreement with respect to any event occurring prior to such expiration or
<br /> termination.
<br /> 9. Insurance
<br /> Each Party shall maintain its own insurance and/or self-insurance for its liabilities from
<br /> damage to property and or injuries to persons arising out of its activities associated with this
<br /> Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof
<br /> of insurance and/or self-insurance shall not limit the liability of the indemnifying Party to the
<br /> indemnified Party.
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