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Solely and expressly for the purpose of its duties to indemnify and defend the Grantor,
<br /> the Grantee specifically waives any immunity it may have under the State Industrial
<br /> Insurance Law, Title 51 RCW. The Grantee recognizes that this waiver of immunity
<br /> 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)
<br /> "Grantor" includes the City's officers, employees, agents, and representatives and (2)
<br /> "Claims" include, but is not limited, to , any and all losses, claims, demands, expenses
<br /> )including,but not limited to,attorney's fees and litigation expenses),suits,judgments,
<br /> or damage, irrespective of whether the damage alleged is bodily injury, damage to
<br /> property, economic loss, general damages, special damages, or punitive damages. If,
<br /> and to the extent, Grantee employs or engages subconsultants or subcontractors, then
<br /> Grantee shall ensure that each such subconsultant and subcontractor (and subsequent
<br /> tiers of subconsultants and subcontractors) shall expressly agree to defend and
<br /> indemnify the Grantor to the extent and on the same terms and conditions as the Grantee
<br /> pursuant to this paragraph.
<br /> 9. Insurance:
<br /> Prior to Grantee's construction activities or other activities on the Property under the
<br /> rights provided herein, Grantee shall submit to Grantor a certificate of insurance that
<br /> Grantee or Grantee's contractors has obtained commercial general liability coverage
<br /> naming the Grantor as an additional insured to the extent of Grantee's indemnity
<br /> obligation set out in Section 8 above (including broad form contractual liability
<br /> coverage) satisfactory to Grantor with limits no less than the following:
<br /> Bodily Injury Liability, including $2,000,000
<br /> automobile bodily injury liability each occurrence
<br /> Property Damage Liability, including $2,000,000
<br /> automobile property damage liability each occurrence
<br /> Additional insured status shall be accomplished by endorsement to said commercial
<br /> liability policy(ies)or at Grantee's option by the terms of Grantee's commercial general
<br /> liability insurance policy.
<br /> Said coverage shall be maintained by Grantee or Grantee's contractors during the
<br /> period when such activities take place.
<br /> 10. Conflict With Future Installations of Grantor:
<br /> In the event that it should become necessary for the Grantor to construct or install
<br /> additional facilities, or modify existing facilities, or otherwise use the Property for any
<br /> purpose, and if, in the reasonable judgment of the Grantor, the location, existence and
<br /> use of Grantee's improvements interferes with such construction, installation or use to
<br /> the extent that it is impracticable or substantially more expensive to accomplish such
<br /> construction, installation or use, or that such construction, installation or use may pose
<br /> a hazard because of the location, existence or use of the Grantee's improvements,
<br /> Grantee shall have the obligation to either, in Grantee's sole discretion, (a) protect,
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