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9. Indemnification. Except as otherwise provided in this paragraph, the Artist hereby
<br /> agrees to defend and indemnify the City from any and all claims arising out of, in connection
<br /> with, or incident to any acts, errors, omissions, or conduct by Artist (or its employees, agents,
<br /> representatives or support personnel) relating to this Agreement, whether such Claims sound in
<br /> contract, tort, or any other legal theory. Solely and expressly for the purpose of its duties to
<br /> indemnify and defend the City, the Artist specifically waives any immunity it may have under the
<br /> State Industrial Insurance Law, Title 51 RCW. The Artist recognizes that this waiver of
<br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) "City"
<br /> includes the City's officers, employees, agents, and representatives and (2) "Claims" include, but
<br /> is not limited to, any and all losses, claims, demands, expenses (including, but not limited to,
<br /> attorney's fee and litigation expenses), suits, judgments, or damage, irrespective of the type of
<br /> relief sought or demanded, such as money or injunctive relief, and irrespective of whether the
<br /> damage alleged is bodily injury, damage to property, economic loss, general damages, special
<br /> damages, or punitive damages.
<br /> 10. Insurance. Artist shall procure and keep in force during the term of this Agreement, at
<br /> Artist's own cost and expense, automobile liability insurance on all vehicles used by Artist in the
<br /> performance of its duties under this Agreement. Proof of insurance shall be provided to the City
<br /> prior to performing any services hereunder. A statement certifying that no vehicle will be used in
<br /> fulfilling this Agreement may be substituted for this insurance requirement.
<br /> 11. Independent Artist. Artist is an independent contractor, and not an employee. Artist
<br /> shall be responsible for all obligations relating to taxes (payroll, sales, use, income, industrial
<br /> insurance (Workmen's Compensation, etc.), fees, licenses, excises or payments required by any
<br /> city, federal or state law).
<br /> 12. Compliance with Laws. Artist shall comply with all applicable federal, state and local
<br /> laws and regulations, including, but not limited to, providing access to auditors to examine all of
<br /> the Artist's records and documents with respect to all matters covered by this Agreement,
<br /> obtaining a City and State business license, and fulfilling state Department of Revenue and
<br /> Labor and Industries requirements.
<br /> 13. Equal Employment Opportunity. Artist shall not discriminate against any employee,
<br /> applicant for employment, independent contractor, or proposed independent contractor, on the
<br /> basis of race, color, religion, sex, age, disability, marital state, or national origin.
<br /> 14. Venue. Venue for any lawsuit arising out of this Agreement shall be in the Superior
<br /> Court of Snohomish County,Washington.
<br /> Page 4
<br /> (Form Approved by City Attorney's Office July 13, 2011, updated July 23, 2018)
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