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<br /> indemnify the City to the extent and on the same terms and conditions as the Contractor pursuant
<br /> to this section.
<br /> 8. Insurance. The Contractor shall purchase and maintain such insurance as will protect it from
<br /> any and all claims, suits, demands, damages, or liability arising out of, or in connection with, this
<br /> Contract, or resulting from Contractor's (or its subcontractor's or supplier's) performance of, or
<br /> failure to perform,its express and implied obligations under the Contract,including,but not limited
<br /> to such claims as may arise out of or result from the Contractor's operations under the Contract,
<br /> ' whether such operations be by itself,any subcontractor or supplier,by anyone directly or indirectly
<br /> employed by any of them,or by anyone for whose acts any of them may be liable. The Contractor's
<br /> policies shall endorse the City, including its officers, employees, agents and representatives, as
<br /> additional insureds. The Contractor shall comply with the insurance requirements set forth in the
<br /> Contract Documents.Failure.to maintain such insurance shall be a material breach of the Contract.
<br /> City shall be entitled to damages for such a breach that include, but are not limited to, any loss
<br /> (including,but not limited to,third party litigation expenses and professional fees) suffered by the
<br /> City if the City is determined to be solely or concurrently negligent, and if the City suffers any
<br /> loss or must pay or defend against any such claim, suit, demand or damage as a result of such
<br /> breach.
<br /> 9. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution
<br /> against the City. It is agreed and mutually negotiated that in any and all claims against the City, its
<br /> ' agents or employees, the Contractor, a subcontractor, anyone directly or indirectly employed by
<br /> the Contractor or subcontractor, or anyone for whose acts any of them may be liable, the defense
<br /> and indemnification obligations hereunder shall not be limited in any way by any limitation on the
<br /> amount of damages, compensation, or benefits payable by or for the Contractor or any
<br /> subcontractor under industrial worker's compensation acts, disability benefit acts, or other
<br /> employees' benefit acts. Contractor's and City's signatures hereto indicate specific waiver of
<br /> Contractor's industrial insurance immunity in order to fulfill this indemnity. Solely for the purpose
<br /> of indemnification and defense as provided in this Contract,the Contractor specifically waives any
<br /> immunity under the State Industrial Insurance Law, Title 51 RCW. The Contractor expressly
<br /> acknowledges that this waiver of immunity under Title 51 RCW was the subject of mutual
<br /> negotiation and was specifically entered into pursuant to the provisions of RCW 4.24.115.
<br /> 10. Repair of Damage. The Contractor agrees to repair and replace all property of the City and
<br /> all property of others damaged by it, its employees, subcontractors, suppliers and agents.
<br /> 11. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under this
<br /> contract is to be done at the Contractor's risk and that: (1) prior to submitting its proposal or bid,
<br /> it became familiar with the conditions of excavation, subsurface, backfill, materials, climatic
<br /> conditions, location,traffic,and other contingencies that may affect the work and has made its bid
<br /> or proposal accordingly and (2)that it assumes the responsibility and risk of all loss or damage to
<br /> materials or work which may arise from any cause whatsoever prior to completion.
<br /> 12. Headings for Convenience Only. The headings in this document are for convenience only,
<br /> ' and shall not be used or considered to interpret or construe this document.
<br /> 13. Effective Date. This Contract is effective as of the date of the last person to sign it. and may
<br /> be executed in multiple counterparts, each of which shall be deemed an original.
<br /> 14. Third-Party Beneficiary: All parties agree that the State of Washington shall be, and is
<br /> hereby, named as an express third-party beneficiary of this contract, with full rights as such.
<br /> Cleveland Avenue DivisionC-CONTRACT November 2018
<br /> Sewer System Replacement and
<br /> Storm Water Separation
<br /> WO No. UP3398 SP-53
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