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<br /> provided in this Section 10,to defend and indemnify the City from any and all Claims arising out
<br /> or relating to the performance of this Agreementby Service Provider (or by its employees,
<br /> agents,representatives or subcontractors/sub consultants),whether such Claims sound in contract,
<br /> tort, or any other legal theory. The Service Provider is obligated to defend and indemnify the
<br /> Citypursuant to this Section 10 whether a Claim is asserted directly against eCity, whethho then
<br /> er
<br /> it issasserted indirectly against the City, e.g., a Claim is asserted against
<br /> seeks contribution or indemnity from the City. The Service Provider's duty to defend and
<br /> indemnify pursuant to this Section 10 is not in any way limited to, or by the extent of,insurance
<br /> • obtained by, obtainable by, or required of the Service Provider. The Service Provider's
<br /> obligations under this Section 10 shall not apply to Claimsacaused by u he Claim e negligence
<br /> by or
<br /> City. If (1) RCW 4.24.115 applies to a particular
<br /> results from the concurrent negligence of e �eService
<br /> the Sevi�e Provider's obvider, its lig t ons
<br /> loyees,
<br /> subcontractors/subconsultants or agents and (b) City, then
<br /> under this Section 10 shall apply only to the extent allowed by RCW 4.24.115. Solely and
<br /> expressly for the purpose of its duties to indemnify
<br /> and defend the City, the Service Provider
<br /> specifically waives any immunity it may have under the State Industrial Tnsurance Law,Title 51
<br /> ver of immun
<br /> er
<br /> 51
<br /> RCW. The Service Provider recognizes thatthis
<br /> of RCW 4.241115 adnd wasethe subJect of
<br /> was
<br /> specifically entered into pursuant to the provisions
<br /> mutual negotiation. As used in this Section 10: (1) LCity" includes include,but the nonot limited ,o ,any and all
<br /> e City's officers,
<br /> employees, agents, and representatives and(2) "Claims"
<br /> losses, penalties; fines, claims, demands, expenses (including,but not limited o, attorney's
<br /> soughts fees
<br /> and litigation expenses), suits,judgments, or damages, irrespective of the type relief
<br /> demanded, such as money or inji active relief, and irrespective of stecial damageser the ,e alleged is
<br /> or punitive
<br /> bodily injury, damage to property, economic loss, general damages, sp
<br /> rovider employs or enages
<br /> damages. If, and to the extent, Service Pure that each such subcongultant and subcl retractor
<br /> tants or
<br /> subcontractors,then Service Provider shall ens
<br /> (and subsequent tiers of subconsultants and subctc�°rs)and conditions as theall expressly �Seree vice Prov ide
<br /> and
<br /> indemnify the City to the extent and on the same
<br /> pursuant to this Section 10.
<br /> 11. Insurance.
<br /> A. Service Provider shall comply with the following conditions and procure and keep in
<br /> force during the term of this Agreement, at esrvice autho authorized to Provider's
<br /> do business� in the d estate of
<br /> nse, the
<br /> following policies of insurance with companies
<br /> Washington, which are rated at least "A" or better
<br /> and h he Citrical rating of no less than
<br /> seven(7),by A.M.Best Company and which are acceptable
<br /> y.
<br /> 1. Workers' Compensation Insurance as required by Washington law and Employer's
<br /> Liability Insurance with limits not less than $1,000,000 per occurrence. If the City
<br /> authorizes sublet work, the Service Provider shall require each subcontractor to provide
<br /> Workers' Compensation Insurance for its employees,unless the Service Provider covers
<br /> such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount aggregate,e n
<br /> ot
<br /> less than $1,000,000 per occurrence and at least $2,000,000 in the annual a gr g ,
<br /> Page 4dated lune 15,2014)
<br /> (Fonn Approved by City Attorney's Office January 7,2011,up
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