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4 <br /> failure to remove, adjust or relocate any of its Facilities in the Rights-of-Way in a timely manner in <br /> accordance with any relocation required by the City. This indemnity provision shall survive the <br /> expiration,revocation,or termination of this Franchise. <br /> 6.1.3. RCW 4.24.115 <br /> With regard to any indemnification obligation in this Franchise, if(1) RCW 4.24.115 applies to a <br /> particular claim.for injury, damage, loss, liability, cost, or expense, and (2) such claim for injury, <br /> damage, loss, liability, cost, or expense is caused by or results from the concurrent negligence of <br /> (a)the Grantee, its agents, or its employees, and (b) the City, then the Grantee's obligations under <br /> this Section shall apply only to the extent allowed by RCW 4.24.115. Solely and expressly for the <br /> purpose of its duties to indemnify and defend the City, the Grantee specifically waives any <br /> immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Grantee <br /> recogrli7es that this waiver of immunity under Title 51 RCW was specifically entered into pursuant <br /> to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. This indemnity <br /> provision shall survive the expiration,revocation,or termination of this Franchise. <br /> • <br /> 6.1.4. PROCEDURES AND DEFENSE <br /> If a claim or action arises,the City or any other indemnified party shall promptly tender the defense <br /> of the claim to Grantee,which defense shall be at Grantee's expense. The City may participate in <br /> the defense of a claim and, in any event, Grantee may not agree to any settlement of claims <br /> affecting the City without the City's approval. <br /> 6.1.5. NON-WAIVER <br /> The fact that Grantee carries out any activities under this Franchise through independent contractors <br /> shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification <br /> under this subsection. <br /> 6.1.6. EXPENSES <br /> Grantee shall pay all expenses incurred by the City in defending itself with regard to any action,suit <br /> or proceeding indemnified by Grantee. The City's expenses shall include all out-of-pocket <br /> expenses, such as consultants' fees, and shall also include the reasonable value of any services <br /> rendered by the City Attorney or his/her assistants or any employees of the City or its agents. <br /> 6.2. Insurance <br /> A. Grantee shall maintain in full force and effect at its own cost and expense each of the following <br /> policies of insurance: <br /> (1) 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 /> of 30 <br />