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<br /> provided in this Section 10,to defend and indemnify the City from any and all Claims arising out
<br /> pAgreement by Service Provider (or by its employees,
<br /> or relating to the performance of this Agr
<br /> agents,representatives or subcontractors/subconsults),is obligated ated to defenther such dandindemnify the
<br /> d in contract,
<br /> tort, or any other legal theory. The Service Providerg or whether
<br /> a
<br /> City pursuant to this Section 10 whether a Cl a Claim is asserteddirectly
<br /> agamst someoneCity,
<br /> else who then
<br /> it is asserted indirectly against the City, e.g., The Service Provider's duty to defend and
<br /> seeks contribution or indemnity from the City.
<br /> indemnify pursuant to this Section 10 is not in y way 1ted to, orb The Servicey the extent f, insurance
<br /> Provider's
<br /> obtained by, obtainable by, or required of the Service Provider
<br /> obligations under this Section 10 shall not apply to Claims and d(2bs the sole
<br /> lim isl caused by or
<br /> City. If (1) RCW 4.24.115 applies to a particular Claim,he Service Provider, its employees,
<br /> results from the concurrent negligence�)fthe City, then the Service Provider's obligations
<br /> subcontractors/subconsultants or agents
<br /> under this Section 10 shall apply only to the extent allowed by RCW 4.24.115. Solely and
<br /> expressly for the purpose of its duties to indemnify and defend the City, the Service Provider
<br /> Title 5
<br /> 1
<br /> specifically waives any immunity it may have t�dhis��er ofe timmiIndun ty under Title 51 RCW was
<br /> strial Insurance Law,RCW. The Service Provider recognizes that
<br /> specifically entered into pursuant to the provisions
<br /> `Lof RCW l4.24.115 and was s the City, the City's subject
<br /> of
<br /> mutual negotiation. As used in this Section 10: (1) Ci
<br /> rs,
<br /> employes, ag and all
<br /> losses,
<br /> ents, and re resentatives and(2)"Claims" include,but is not limited to, any
<br /> pP
<br /> 's fees
<br /> penalties, fines, claims, demands, expenses (including, but not limited of relief sought or
<br /> and litigation expenses), suits,judgments, or damages, irrespective of the type
<br /> demanded, such as money or injunctive relief, and irrespective a df amages, de damage
<br /> or alleged
<br /> is
<br /> bodily injury, damage to property, economic loss, generalg
<br /> nsultants or
<br /> damages. If, and to the extent, Service Provideraemploys or engaes each such subconsugtantsand subcontract r
<br /> subcontractors,then Service Provider shall ensure
<br /> (and subsequent tiers of subconsultants and subcontractors) shallalexpprres lyas tage Seroide Prov and
<br /> d
<br /> the Cityto the extent and on the same terms
<br /> and indemnify
<br /> pursuant to this 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 of thee State of
<br /> Washington, which are rated at least "A" or better and with a numerical rating
<br /> an
<br /> seven(7),by A.M.Best Company and which are acceptable to the City.
<br /> 1. Workers' Com ensation Insurance as required by Washington law and to er's
<br /> t 1abiliiY Insurance with limits not less than $1,000,000 per occurrence. If the City
<br /> e
<br /> authorizes sublet work, the Service Provider shall
<br /> require
<br /> unless thesServiceProvider covers
<br /> Workers' Compensation Insurance for its employees,
<br /> such employees.
<br /> in an amount not
<br /> 2. Commercial General Liabili Insurance
<br /> OOO,OOOce inbthesannual aggregate,
<br /> less than $1,000,000 per occurrence and at least $2
<br /> Page 4 2010,,
<br /> (Form Approved by City Attorney's Office � updated July 23,2018)
<br /> 5 January 9
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