Diking Improvement District No 5 8/15/2018

whether the damage alleged is bodily injury, damage to property, economic loss, general damages, special damages, or punitive damages. If, and to the extent, Service Provider employs or engages subconsultants or subcontractors, then Service Provider shall ensure that each such subconsultant and subcontractor(and subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to the extent and on the same terms and conditions as DD5 pursuant to this Section 7. 8. INSURANCE. Liability Insurance. During the term of this Easement, the DD5 shall procure and maintain broad form commercial general liability insurance (including automobile liability insurance), with single limits coverage in the amount of at least Two Million Dollars ($2,000,000), which insurance shall include,without limitation,coverage for all of its activities, operations, and omissions within the City's Property and contractual liability coverage for DDS's obligations under this Easement. Such insurance shall: (a) be issued by a responsible insurance company that is licensed to do business in Washington and is rated A+or better in Best's Key Rating Guide and (b) name the City, its officers, employees, and agents as additional insureds. Other Insurance. DD5 shall provide and maintain, at its cost, such workers' compensation and employees' liability coverage as may be required by applicable law for its operations on or about the City's Property during the term of this Easement. General. DD5 shall provide the City within ten (10) days of the execution of this Easement with a certificate of insurance evidencing such required insurance coverage. All of such policies of insurance shall include an endorsement obligating the insurer to give the City thirty (30) days' prior written notice of cancellation or change in scope or amount of coverage of such insurance policy. 9. TERMINATION. The City or DD5 may terminate this Easement at any time, for any reason whatsoever upon 15 days prior written notice to DD5 or the City. 10. AS-IS. DD5 hereby accepts the Easement Area in its existing condition and state of repair, "AS IS,""WHERE IS," subject to any easements or other interests which may appear in title to the Easement Area, and agrees that no representations, statements, or warranties, expressed or implied, have been made by or on behalf of the City in respect thereto except as contained in the provisions of this Easement. 11. MISCELLANEOUS PROVISIONS. Governing Law. The laws of the State of Washington, without giving effect to principles of conflict of laws, govern all matters arising out of or relating to this Agreement. Venue. Any litigation arising from or relating to this Agreement may only be brought before the Snohomish County Superior Court. DD5-City of Everett Temporary Construction Easement Agreement page 4