Ordinance 3610-18 - Laserfiche WebLink

With regard to any indemnification obligation in this Franchise, if(1) RCW 4.24.115 applies to a particular claim for injury, damage, loss, liability, cost, or expense, and (2) such claim for injury, damage, loss, liability, cost, or expense is caused by or results from the concurrent negligence of (a)the Grantee, its agents, or its employees, and (b) the City, then the Grantee's obligations under this Section shall apply only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Grantee specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Grantee recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. This indemnity provision shall survive the expiration,revocation, or termination of this Franchise. 6.1.5. Procedures and Defense If a claim or action arises, the City or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee's expense. The City may participate in the defense of a claim and, in any event, Grantee may not agree to any settlement of claims affecting the City without the City's approval. 6.1.6. Non-waiver The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this subsection. 6.1.7. Expenses Grantee shall pay all expenses incurred by the City in defending itself with regard to any action, suit or proceeding indemnified by Grantee. The City's expenses shall include all out-of-pocket expenses, such as consultants' fees, and shall also include the reasonable value of any services rendered by the City Attorney or his/her assistants or any employees of the City or its agents. 6.2. Insurance A. Limits. Company shall maintain in full force and effect at its own cost and expense each of the following policies of insurance or self insurance: (1) Commercial General Liability (CGL) insurance on an"occurrence"basis, including, but not limited to, products and completed operations,property damage, bodily injury and personal and advertising injury with limits of$7,000,000 per occurrence and annual aggregate. These amounts can be obtained via a combination of primary and excess/umbrella liability policies. (2) Workers' Compensation insurance as required by Washington law, with Statutory Limits, and Employers' Liability insurance with a limit of of$3,000,000 per accident for bodily injury or disease. This amount can be obtained via a combination of primary and excess/umbrella liability policies. New Cingular Wireless PCS,LLC Small Cell Franchise 14 of 33