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• <br /> • <br /> asserted directly against the Grantor, or whether it is asserted indirectly against the Grantor, <br /> e.g.,a Claim is asserted against someone else who then seeks contribution or indemnity from <br /> • <br /> the Grantor.The Grantee's duty to defend and indemnify pursuant to this paragraph is not in <br /> any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of <br /> • <br /> the Grantee. The Grantee shall not indemnify the Grantor for Claims caused solely by the <br /> negligence of the City. If(1)RCW 4.24.115 applies to a particular Claim,and(2) the bodily <br /> injury or damage to property for which the Grantee is to indemnify the Grantor is caused or <br /> results from the concurrent negligence of (a) the Grantee, its employees, <br /> subcontractors/subconsultants or agents and (b) the Grantor, then the Grantee's duty to <br /> indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. <br /> Solely and expressly for the purpose of its duties to indemnify and defend the Grantor, the <br /> Grantee specifically waives any immunity it may have under the State Industrial Insurance <br /> Law, Title 51 RCW. The Grantee recognizes that this waiver of immunity under Title 51 <br /> RCW was specifically entered into pursuant to the provisions of RCW 4.24,115 and was the <br /> • <br /> subject of mutual negotiation. As used in this paragraph: (1) "Grantor" includes the City's <br /> officers, employees, agents, and representatives and(2)"Claims"include,but is not limited, <br /> to , any and all losses, claims, demands, expenses ) including, but not limited to, attorney's <br /> fees and litigation expenses), suits, judgments, or damage, irrespective of whether the <br /> damage alleged is bodily injury, damage to property, economic loss, general damages, <br /> special damages, or punitive damages. If, and to the extent, Grantee employs or engages <br /> subconsultants or subcontractor's,then Grantee shall ensure that each such subconsultant and <br /> subcontractor (and subsequent tiers of subconsultants and subcontractors) shall expressly <br /> agree to defend and indemnify the Grantor to the extent and on the same terms and <br /> conditions as the Grantee pursuant to this paragraph. <br /> GRANTOR <br /> t..:r F11OVED AS TO FORM� <br /> City of Everett( 1946-k6V"4441)44---------. 4l <br /> JAMES D. ILES, CityAttorney <br /> 2 <br /> By: i <br /> Title: <br /> ATI ST:tif <br /> City Clark <br /> • <br /> • <br /> GRANTEES) • <br /> Snohomish County Planning and Development Services <br /> By: jAif <br /> Title: h F,R UT`' Prat 00. - P p j <br />