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I <br /> 1 obligations hereunder shall not be limited in any way by any limitation on the amount of damages, <br /> compensation, or benefits payable by or for the Contractor or any subcontractor under industrial <br /> worker's compensation acts, disability benefit acts, or other employees' benefit acts. Contractor's and <br /> ' City's signatures hereto indicate specific waiver of Contractor's industrial insurance immunity in order <br /> to fulfill this indemnity. Solely for the purpose of indemnification and defense as provided in this <br /> Contract, the Contractor specifically waives any immunity under the State Industrial Insurance Law, <br /> ' Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51 <br /> RCW was the subject of mutual negotiation and was specifically entered into pursuant to the provisions <br /> of RCW 4.24.115. <br /> 10. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all <br /> 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 this <br /> contract is to be done at the Contractor's risk and that: (1) prior to submitting its proposal or bid, it <br /> became familiar with the conditions of excavation, subsurface, backfill, materials, climatic conditions, <br /> location, traffic, and other contingencies that may affect the work and has made its bid or proposal <br /> accordingly and (2) that it assumes the responsibility and risk of all loss or damage to materials or work <br /> 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, and <br /> 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 be <br /> executed in multiple counterparts, each of which shall be deemed an original. <br /> I <br /> I <br /> i <br /> I <br /> i <br /> i <br /> 1 <br /> 1 <br /> 1 <br /> WATER MAIN REPLACEMENT"S" Division C -CONTRACT January 29, 2018 <br /> Work Order# UP3664 SP—31 <br />