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with City rules or procedures while on the Property including without limitation any safety or
<br /> environmental requirements.
<br /> 6. REGULATED SUBSTANCES/EMERGENCY RESPONSE. Except for the
<br /> fuel that is properly in its vehicles, DD5 may not use, generate or have petroleum products,
<br /> hazardous substances, dangerous materials,toxic materials or solid, dangerous or hazardous
<br /> waste or any other substance subject to environmental or health and safety regulations on the
<br /> City's Property without prior written approval of the City. In the event of any release of
<br /> hazardous substances on, or within the immediate vicinity of,the City's Property, DD5 shall
<br /> notify the City as soon as possible after beginning the response to the release and notifying the
<br /> appropriate authorities.
<br /> 7. INDEMNIFICATION. Except as otherwise provided in this Section 7, DD5
<br /> hereby agrees to defend and indemnify the City from any and all Claims arising out of, in
<br /> connection with, or incident to any negligent or intentional acts, errors, omissions, or conduct by
<br /> DD5 (or its employees, agents, representatives or subcontractors/subconsultants) relating to this
<br /> Agreement,whether such Claims sound in contract,tort, or any other legal theory. DD5 is
<br /> obligated to defend and indemnify the City pursuant to this Section 7 whether a Claim is asserted
<br /> directly against the City, or whether it is asserted indirectly against the City, e.g., a Claim is
<br /> asserted against someone else who then seeks contribution or indemnity from the City. DDS's
<br /> obligations under this Section 8 shall not apply to Claims caused by the sole negligence of the
<br /> City. If(1)RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or
<br /> results from the concurrent negligence of(a) DD5, its employees, subcontractors/subconsultants
<br /> or agents and (b)the City,then DDS's obligations under this Section 7 shall apply only to the
<br /> extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to
<br /> indemnify and defend the City, DD5 specifically waives any immunity it may have under the
<br /> State Industrial Insurance Law, Title 51 RCW. DD5 recognizes that this waiver of immunity
<br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115
<br /> and was the subject of mutual negotiation. As used in this Section 7: (1) "City" includes the
<br /> City,the City's officers, employees, agents, and representatives and(2) "Claims" include, but is
<br /> not limited to, any and all losses,penalties, fines, claims, demands, expenses (including, but not
<br /> limited to, attorney's fees and litigation expenses), suits,judgments, or damages, irrespective of
<br /> the type of relief sought or demanded, such as money or injunctive relief, and irrespective of
<br /> whether the damage alleged is bodily injury, damage to property, economic loss, general
<br /> damages, special damages, or punitive damages. If, and to the extent, Service Provider employs
<br /> or engages subconsultants or subcontractors,then Service Provider shall ensure that each such
<br /> subconsultant and subcontractor(and subsequent tiers of subconsultants and subcontractors)
<br /> shall expressly agree to defend and indemnify the City to the extent and on the same terms and
<br /> conditions as DD5 pursuant to this Section 7.
<br /> 8. INSURANCE.
<br /> Liability Insurance. During the term of this Easement,the DD5 shall procure and maintain
<br /> broad form commercial general liability insurance (including automobile liability insurance),
<br /> with single limits coverage in the amount of at least Two Million Dollars ($2,000,000),
<br /> which insurance shall include,without limitation, coverage for all of its activities, operations,
<br /> and omissions within the City's Property and contractual liability coverage for DDS's
<br /> DD5-City of Everett Temporary Construction Easement Agreement page 3
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