Resolution 3399 - Laserfiche WebLink

For purposes of applying RCW 4.24.115 to this contract, Contractor and City agree that the term "damages" applies only to the finding in a judicial proceeding and is exclusive of third-party claims for damages preliminary thereto. The Contractor agrees to indemnify and hold harmless the City from all claims for damages by third parties, including costs and reasonable attorney's fees in the defense of claims for damages, arising from performance of the Contractor's express or implied obligations under this contract. Contractor waives any right of contribution against the City. It is agreed and mutually negotiated that in any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation hereunder shall not be limited in any way by any limitation on the amount of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under industrial workmen's compensation acts, disability benefit acts, or other employee's benefit acts. Contractor's and City's initials hereto indicate specific waiver of Contractor's industrial insurance immunity in order to fulfill this indemnity: t„, Contractor ity City and Contractor agree that all third-party claims for damages against the City for which Contractor's insurance carrier does not accept defense of the City, may be tendered by City to the .Contractor who shall , if so tendered by the City, accept and undertake to defend or settle with the claimant. City retains the right to approve claims investigation and counsel assigned to said claim and all investigation and legal work product regarding said claim shall be performed under a fiduciary relationship to the City. In the event that the City agrees or a court finds that the claim arises from the sole negligence of the City, this indemnification shall be void. In the event that the City agrees or a court finds that the claim arises from or includes negligence of both the Contractor and the City, the Contractor shall be responsible for all damages payable by the Contractor to the third-party claimant under the court findings, and, in addition thereto, the Contractor shall hereunder indemnify the City for all damages paid or payable by the City under the court findings in an amount not to exceed the percentage of total fault attributed to the Contractor. For example, where the Contractor is 25 percent negligent, the Contractor shall not be required to indemnify the City for any amount in excess of 25 percent of the claimant's total damages. Contractor shall secure minimum Public Liability and Property Damage insurance coverage in the minimum amount of $500,000 for death or injury to any one person, and $1 ,000,000 for death or injury to two or more persons in any one occurrence, and $1 ,000,000 for property damage in any one occurrence with any aggregate property damage coverage of $1 ,000,000 for two or more occurrences from an insurance company authorized to do business in the State 3