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construction,'maintenance, operation or use of the Covered Walkway, or any portion thereof, or <br /> by reason of anything that has been done or may at any time be done by Lynch by reason of this <br /> Ordinance or by reason of Lynch failing or refusing to strictly comply with each and every <br /> provision of this Ordinance or by reason of the City exercising any option,right or other <br /> privilege under this Ordinance; and if any such suit, action or claim be filed, instituted or begun <br /> against the City, Lynch shall,upon notice thereof from the City, defend the same at Lynch' sole <br /> cost and expense, and in case judgment shall be rendered against the City in any suit or action, <br /> Lynch shall fully satisfy the judgment within one hundred and twenty(120) days after such suit, <br /> action or claim shall have been finally determined, if determined adversely to the City. If it is <br /> determined by a court of competent jurisdiction that RCW 4.24.115 applies to this Ordinance, <br /> then in the event claims or damages are caused by or result from the concurrent negligence of the <br /> City, its agents, contractors or employees, and Lynch,their agents, contractors, employees, this <br /> indemnity provision shall be valid and enforceable only to the extent of the negligence of Lynch <br /> or Lynch' agents, contractors, employees. Solely and expressly for the purpose of its duties to <br /> indemnify and defend the City, Lynch specifically waives any immunity it may have under the <br /> State Industrial Insurance Law, Title 51 RCW. Lynch recognizes that this waiver of immunity <br /> under Title 51 was specifically entered into pursuant to the provisions of RCW 4.24.115 and was <br /> the subject of mutual negotiation. This Section 11 survives any termination or expiration of any <br /> permission granted under this Ordinance and survives delivery of the certification under Section <br /> 10.0 above. <br /> Section 12. Insurance. For as long as Lynch uses any permission granted by this <br /> Ordinance, Lynch shall obtain and maintain in full force and effect, at its sole expense, insurance <br /> that protects the City from claims and risks of loss from perils that can be insured against under <br /> commercial general liability ("CGL") insurance policies in conjunction with: <br /> a) construction,reconstruction, operation,repair,maintenance, removal,use, <br /> or existence of the Covered Walkway permitted by this Ordinance and of <br /> any and all portions of the Covered Walkway; <br /> b) Lynch activity upon, or the use or occupation of the Covered Walkway; <br /> and <br /> c) claims and risks in connection with and activity performed by Lynch by <br /> virtue of the permission granted by this Ordinance. <br /> 65 <br />