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<br /> investigation and legal work regarding said claim shaikbe.performed under a fiduciary relationship to the
<br /> 1 City.
<br /> 9. Insurance. The Contractor shall purchase and maintain such insurance as will protect it from any and
<br /> I all claims, suits, demands, Damages, or liability arising out of, or in connection with, this Contract, or
<br /> resulting from Contractor's (or its subcontractor's or supplier's) performance of, or failure to perform, its
<br /> express and implied obligations under the Contract, including,but not limited to such claims as may arise
<br /> out of or result from the Contractor's operations under the Contract, whether such operations be by itself,
<br /> I any subcontractor or supplier, by anyone directly or indirectly employed by any of them, or by anyone for
<br /> whose acts any of them may be liable. If not specified elsewhere in the contract, such insurance shall
<br /> provide coverage at no less than $2,000,000. The Contractor's policies shall endorse the City, including
<br /> I its officers, employees, agents and representatives, as additional insureds. The Contractor shall comply
<br /> with the insurance requirements set forth in the Contract Documents. Failure to maintain such insurance
<br /> shall be a material breach of the Contract. City shall be entitled to damages for such a breach that include,
<br /> but are not limited to, any loss (including, but not limited to, third party litigation expenses and
<br /> I professional fees) suffered by the City if the City is determined to be solely or concurrently negligent, and
<br /> if the City suffers any loss or must pay or defend against any such claim, suit, demand or damage as a
<br /> result of such breach.
<br /> I10. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against the
<br /> City. It is agreed and mutually negotiated that in any and all claims against the City, its agents or
<br /> I employees, the Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor or
<br /> subcontractor, or anyone for whose acts any of them may be liable, the defense and indemnification
<br /> obligations hereunder shall not be limited in any way by any limitation on the amount of damages,
<br /> compensation, or benefits payable by or for the Contractor or any subcontractor under industrial worker's
<br /> I compensation acts, disability benefit acts, or other employees' benefit acts. Contractor's and City's initials
<br /> hereto indicate specific waiver of Contractor's industrial insurance immunity in order to fulfill this
<br /> indemnity. Solely for the purpose of indemnification and defense as provided in this Contract, the
<br /> I Contractor specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW.
<br /> The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject
<br /> of mutual negotiation and was specifically entered into pursuant to the provisions of RCW 4.24.115.
<br /> 11. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all
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<br /> property of others damaged by it, its employees, subcontractors, suppliers and agents.
<br /> I 12. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under this contract
<br /> is to be done at the Contractor's risk and that: (1) prior to submitting its proposal or bid, it became
<br /> familiar with the conditions of excavation, subsurface, backfill, materials, climatic conditions, location,
<br /> I traffic, and other contingencies that may affect the work and has made its bid or proposal accordingly and
<br /> (2) that it assumes the responsibility and risk of all loss or damage to materials or work which may arise
<br /> from any cause whatsoever prior to completion.
<br /> I13. Headings for Convenience Only. The headings in this document are for convenience only, and shall
<br /> not used or considered to interpret or construe this document.
<br /> I 14. Effective Date. This Contract is effective as of the date of the last person to sign it, and may be
<br /> executed in multiple counterparts, each of which shall be deemed an original.
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<br /> 00500-3 Date:
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