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<br /> subcontractors/subconsultants or agents and (b) the City, then the Contractor's obligations under this
<br /> paragraph shall apply only to the extent allowed by RCW 4.24.115.
<br /> Contractor hereby agrees to defend the City,its officers,employees and agents from any and all loss,claims,
<br /> demands suits, damage, or liability of any kind whatsoever, in connection with, or arising out of, this
<br /> Contract, or resulting from Contractor's (or its subcontractor's or supplier's) performance of, or failure to
<br /> perform, its express and implied obligations under the Contract. The City shall give Contractor reasonable
<br /> notice of such claim. The City retains the right to approve claims investigation and counsel assigned to said
<br /> claim and all investigation and legal work product regarding said claim shall be performed under a
<br /> fiduciary relationship to the City.
<br /> The Contractor shall purchase and maintain such insurance as will protect it from any and all claims, suits,
<br /> demands, damage, or liability arising out of, or in connection with, this Contract, or resulting from
<br /> Contractor's (or its subcontractor's or supplier's) performance of, or failure to perform, its express and
<br /> implied obligations under the Contract, including, but not limited to such claims as may arise out of or
<br /> result from the Contractor's operations under the Contract, whether such operations be by itself, any
<br /> subcontractor or supplier, by anyone directly or indirectly employed by any of them, or by anyone for
<br /> whose acts any of them may be liable. The Contractor's policies shall endorse the City,including its officers,
<br /> employees, agents and representatives, as additional insureds. The Contractor shall comply with the
<br /> insurance requirements set forth in the Invitation to Bid. 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, but are
<br /> not limited to, any loss (including, but not limited to, third party litigation expenses and professional fees)
<br /> suffered by the City if the City is determined to be solely or concurrently negligent, and if the City suffers
<br /> any loss or must pay or defend against any such claim, suit,demand or damage as a result of such breach.
<br /> Contractor waives any right of contribution against the City. It is agreed and mutually negotiated that in
<br /> any and all claims against the City,its agents or employees,the Contractor,a subcontractor,anyone directly
<br /> or indirectly employed by the Contractor or subcontractor, or anyone for whose acts any of them may be
<br /> liable, the 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 or any
<br /> subcontractor under industrial worker's compensation acts, disability benefit acts, or other employees'
<br /> benefit acts.
<br /> Contractor's and City's initials hereto indicate specific waiver of Contractor's industrial insurance
<br /> immunity in order to fulfill this indemnity. Solely for the purpose of indemnification and defense as
<br /> provided in this Contract, the Contractor specifically waives any immunity under the State Industrial
<br /> Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity under
<br /> Title 51 RCW was the subject of mutual negotiation and was specifically entered into pursuant to the
<br /> provisions of RCW 4.24.115.
<br /> Contractor (initial here) City (initial here)
<br /> Todd A. Kottsick - President
<br /> The Contractor agrees to repair and replace all property of the City and all property of others damaged by
<br /> it, its employees, subcontractors, suppliers and agents.
<br /> It is understood that the whole of the work under this contract is to be done at the Contractor's risk and
<br /> that: (1) prior to submitting its proposal or bid, it became familiar with the conditions of excavation,
<br /> subsurface,backfill,materials, climatic conditions,location,traffic, and other contingencies that may affect
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