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<br /> Service Provider (or its employees, agents, representatives or subcontractors/subconsultants)
<br /> relating to this Agreement, whether such Claims sound in contract, tort, or any other legal
<br /> theory. The Service Provider is obligated to defend and indemnify the City pursuant to this
<br /> Section 10 whether a Claim is asserted directly against the City, or whether it is asserted
<br /> indirectly against the City, e.g., a Claim is asserted against someone else who then seeks
<br /> contribution or indemnity from the City. The Service Provider's duty to defend and indemnify
<br /> pursuant to this Section 10 is not in any way limited to, or by the extent of, insurance obtained
<br /> by, obtainable by, or required of the Service Provider. The Service Provider's obligations under
<br /> this Section 10 shall not apply to Claims caused by the sole negligence of the City. If(1) RCW
<br /> 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from the
<br /> concurrent negligence of(a)the Service Provider, its employees, subcontractors/subconsultants
<br /> or agents and (b) the City, then the Service Provider's obligations under this Section 10 shall
<br /> apply only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its
<br /> duties to indemnify and defend the City, the Service Provider specifically waives any immunity
<br /> it may have under the State Industrial Insurance Law, Title 51 RCW. The Service Provider
<br /> • recognizes that this waiver of immunity under Title 51 RCW was specifically entered into
<br /> pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used
<br /> in this Section 10: (1) "City" includes the City, the City's officers, employees, agents, and
<br /> representatives and(2)"Claims"include,but is not limited to,any and all losses,penalties,fines,
<br /> claims, demands,expenses(including,but not limited to, attorney's fees and litigation expenses),
<br /> suits, judgments, or damages, irrespective of the type of relief sought or demanded, such as
<br /> money or injunctive relief, and irrespective of whether the damage alleged is bodily injury,
<br /> damage to property, economic loss, general damages, special damages, or punitive damages. If,
<br /> and to the extent, Service Provider employs or engages subconsultants or subcontractors, then
<br /> Service Provider shall ensure that each such subconsultant and subcontractor (and subsequent
<br /> tiers of subconsultants and subcontractors) shall expressly agree to defend and indemnify the
<br /> City to the extent and on the same terms and conditions as the Service Provider pursuant to this
<br /> Section 10.
<br /> 11. Insurance.
<br /> A. Service Provider shall comply with the following conditions and procure and keep in
<br /> force during the term of this Agreement, at Service Provider's own cost and expense, the
<br /> following policies of insurance with companies authorized to do business in the State of
<br /> Washington, which are rated at least "A" or better and with a numerical rating of no less than
<br /> seven(7), by A.M.Best Company and which are acceptable to the City.
<br /> 1. Workers' Compensation Insurance as required by Washington law and
<br /> Employer's Liability Insurance with limits not less than $1,000,000 per occurrence. If
<br /> the City authorizes sublet work, the Service Provider shall require each subcontractor to
<br /> provide Workers' Compensation Insurance for its employees,unless the Service Provider
<br /> covers such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br /> • less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate,
<br /> Page 4
<br /> (Form Approved by City Attorney's Office January 7,2010,updated July 23,2018) J
<br /> 9 1K,
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