Ordinance 3557-17 - Laserfiche WebLink

construction, maintenance, operation or use of the Covered Walkway, or any portion thereof, or by reason of anything that has been done or may at any time be done by PGB by reason of this Ordinance or by reason of PGB failing or refusing to strictly comply with each and every provision of this Ordinance or by reason of the City exercising any option, right or other privilege under this Ordinance; and if any such suit, action or claim be filed, instituted or begun against the City, PGB shall, upon notice thereof from the City, defend the same at PGB's sole cost and expense, and in case judgment shall be rendered against the City in any suit or action, PGB shall fully satisfy the judgment within one hundred and twenty (120) days after such suit, action or claim shall have been finally determined, if determined adversely to the City. If it is determined by a court of competent jurisdiction that RCW 4.24.115 applies to this Ordinance, then in the event claims or damages are caused by or result from the concurrent negligence of the City, its agents, contractors or employees, and PGB, their agents, contractors, employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of PGB or PGB's agents, contractors, employees. Solely and expressly for the purpose of its duties to indemnify and defend the City, PGB specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. PGB recognizes that this waiver of immunity under Title 51 was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. This Section 11 survives any termination or expiration of any permission granted under this Ordinance and survives delivery of the certification under Section 10.0 above. Section 12. Insurance. For as long as PGB uses any permission granted by this Ordinance, PGB shall obtain and maintain in full force and effect, at its sole expense, insurance that protects the City from claims and risks of loss from perils that can be insured against under commercial general liability ("CGL") insurance policies in conjunction with: a) construction, reconstruction, operation, repair, maintenance, removal, use, or existence of the Covered Walkway permitted by this Ordinance and of any and all portions of the Covered Walkway; b) PGB activity upon, or the use or occupation of the Covered Walkway; and c) claims and risks in connection with and activity performed by PGB by virtue of the permission granted by this Ordinance. Minimum insurance requirements include CGL insurance based on the Insurance Services Office (ISO) form CG 00 01 or equivalent. PGB shall obtain insurance coverage with an insurer 5