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8. Insurance. The Contractor shall
<br /> purchase and maintain such insurance as will protect it from
<br /> any and all claims, suits, demands, damages, or liability arising out of, or in connection with, this
<br /> Contract, or resulting from Contractor's (or its subcontractor's or supplier's) performance of, or
<br /> failure to perform, its express and implied obligations under the Contract, including, but not
<br /> limited to such claims as may arise out of or result from the Contractor's operations under the
<br /> ' Contract, whether such operations be by itself, any subcontractor or supplier, by anyone directly
<br /> or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
<br /> The Contractor's policies shall endorse the City, including its officers, employees, agents and
<br /> ' representatives, as additional insureds. The Contractor shall,comply 'with the; insurance
<br /> requirements set forth in the Contract Documents. Failure to maintain such insurance shall be a
<br /> material breach of the Contract. City shall be entitled to damages for such a breach that include,
<br /> but are not limited to, any loss (including, but not limited to, third party litigatio7 expenses and
<br /> professional fees) suffered by the City if the City is determined to be solely or concurrently
<br /> negligent, and if the City suffers any loss or must pay or defend against any such claim, suit,
<br /> demand or damage as a result of such breach.
<br /> 9. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution
<br /> against the City. It is agreed and mutually negotiated that in any and all claims against the City,
<br /> its agents or employees, the Contractor, a subcontractor, anyone directly or indirectly employed
<br /> by the Contractor or subcontractor, or anyone for whose acts any of them may be liable, the
<br /> defense and indemnification obligations hereunder shall not be limited in any way by any
<br /> limitation on the amount of damages, compensation, or benefits payable by or for the Contractor
<br /> ' or any subcontractor under industrial worker's compensation acts, disability benefit acts, or other
<br /> employees' benefit acts. Contractor's and City's signatures hereto indicate specific waiver of
<br /> Contractor's industrial insurance immunity in order to fulfill this indemnity. Solely for the
<br /> purpose of indemnification and defense as provided in this Contract, the Contractor specifically
<br /> waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The Contractor
<br /> expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of
<br /> mutual negotiation and was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115.
<br /> 10. Repair of Damage. The Contractor agrees to repair and replace all property of the City and
<br /> all property of others damaged by it, its employees, subcontractors, suppliers and agents.
<br /> 11. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under
<br /> this contract is to be done at the Contractor's risk and that: (1) prior to submitting its proposal or
<br /> bid, it became familiar with the conditions of excavation, subsurface, backfill, materials, climatic
<br /> conditions, location, traffic, and other contingencies that may affect the work and has made its
<br /> bid or proposal accordingly and (2) that it assumes the responsibility and risk of all loss or
<br /> damage to materials or work which may arise from any cause whatsoever prior to completion.
<br /> 12. Headings for Convenience Only. The headings in this document are for convenience only,
<br /> and shall not be used or considered to interpret or construe this document.
<br /> 13. Effective Date. This Contract is effective as of the date of the last person to sign it, and may
<br /> be executed in multiple counterparts, each of which shall be deemed an original.
<br /> I
<br /> Sewer Regulators R4 and Division C-CONTRACT May 2017
<br /> ' R39 Modifications
<br /> Work Order#UP3633 SP-35
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