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to the cost to the City of correcting, re-procuring, or remedying any damage caused by Artist's
<br /> conduct.
<br /> 10. Subletting/Assignment of Contracts. Artist shall not sublet or assign any of the Work
<br /> without the express, prior written consent of the City.
<br /> 11. Indemnification.
<br /> A. General. To the extent of its fault only, Artist will defend and indemnify the City from any
<br /> and all Claims relating to, or arising out of, Artist's performance of this Agreement. Artist will
<br /> defend and indemnify the City whether a Claim is asserted directly against the City, or whether a
<br /> Claim is asserted indirectly against the City, e.g., a Claim is asserted against someone else who
<br /> then seeks contribution or indemnity from the City. The amount of insurance obtained by,
<br /> obtainable by, or required of Artist does not in any way limit Artist's duty to defend and
<br /> indemnify the City. The City retains the right to approve Claims investigation and counsel
<br /> assigned to said Claim and all investigation and legal work regarding said Claim shall be
<br /> performed under a fiduciary relationship to the City.
<br /> B. Waiver of Workmen's Compensation Immunity. Solely and expressly for the purpose of its
<br /> duties to indemnify and defend the City, Artist specifically waives any immunity it may have
<br /> under the State Industrial Insurance Law, Title 51 RCW. Artist recognizes that this waiver of
<br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation.
<br /> C. Definitions. As used in this section: (1) "City" includes the City's officers, employees,
<br /> agents, and representatives; (2) "Claims" include all losses, claims, demands, expenses
<br /> (including, but not limited to, attorney's fees and litigation expenses), suits, judgments, or
<br /> damage, whether threatened, asserted or filed against the City, whether such Claims sound in
<br /> tort, contract, or any other legal theory, whether such Claims have been reduced to judgment or
<br /> arbitration award, irrespective of the type of relief sought or demanded (such as money or
<br /> injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, damage
<br /> to property, economic loss, general damages, special damages, or punitive damages); and (3)
<br /> "Artist" includes Artist, its employees, agents, representatives and subcontractors. If, and to the
<br /> extent, Artist employs or engages subcontractors, then Artist shall ensure that each such
<br /> subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and
<br /> indemnify the City to the extent and on the same terms and conditions as Artist pursuant to this
<br /> section.
<br /> 12. Insurance.
<br /> A. Artist shall comply with the following conditions and procure and keep in force during
<br /> the term of this Agreement, at Artist's own cost and expense, the following policies of insurance
<br /> with companies authorized to do business in the State of Washington, which are rated at least
<br /> "A" or better and with a numerical rating of no less than seven (7), by A.M. Best Company and
<br /> which are acceptable to the City.
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