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omissions of the Agency, its officers, employees, and /or agents, in its performance <br />and /or non performance of its obligations under this Contract. The Agency agrees that <br />its obligations under this subparagraph extend to any claim, demand, and /or cause of <br />action brought by, or on behalf of, any of its employees or agents. For this purpose, the <br />Agency, by mutual negotiation, hereby waives, as respects the County only, any <br />immunity that would otherwise be available against such claims under the Industrial <br />Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, <br />award, and /or cost arising therefrom including attorneys' fees to enforce the provisions <br />of this article, all such fees, expenses, and costs shall be recoverable from the Agency. <br />D. The County shall protect, defend, indemnify, and hold harmless the Agency, its <br />officers, employees, and agents from any and all costs, claims, judgments, and /or <br />awards of damages, arising out of, or in any way resulting from, the sole negligent acts <br />or omissions of the County, its officers, employees, or agents. The County agrees that <br />its obligations under this subparagraph extend to any claim, demand, and /or cause of <br />action brought by, or on behalf of, any of its employees or agents. For this purpose, the <br />County, by mutual negotiation, hereby waives, as respects the Agency only, any <br />immunity that would otherwise be available against such claims under the Industrial <br />Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, <br />award, and /or cost arising therefrom including attorneys' fees to enforce the provisions <br />of this article, all such fees, expenses, and costs shall be recoverable from the County. <br />E. Claims shall include, but not be limited to, assertions that use or transfer of software, <br />book, document, report, film, tape, or sound reproduction or material of any kind, <br />delivered hereunder, constitutes an infringement of any copyright, patent, trademark, <br />trade name, and /or otherwise results in unfair trade practice. <br />F. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and <br />indemnify the County as detailed in Section XVI.B. of this Contract, the Agency shall <br />protect, defend, indemnify, and hold harmless the County, its officers, employees and <br />agents from any and all costs, claims, judgments, and /or awards or damages arising <br />out of, or in any way resulting from, the negligent act or omissions of the Agency's <br />subcontractor, its officers, employees, and /or agents in connection with or in support of <br />this Contract. <br />G. Nothing contained within this provision shall affect and /or alter the application of any <br />other provision contained within this Contract. <br />H. The indemnification, protection, defense and hold harmless obligations contained <br />herein shall survive the expiration, abandonment or termination of this Contract. <br />XIV. INSURANCE REQUIREMENTS <br />A. By the date of execution of this Contract, the Agency shall procure and maintain for the <br />duration of this Contract, insurance against claims for injuries to persons or damages <br />to property which may arise from, or in connection with, the performance of work <br />hereunder by the Agency, its agents, representatives, employees, and /or <br />subcontractors. The costs of such insurance shall be paid by the Agency or <br />subcontractor. The Agency may furnish separate certificates of insurance and policy <br />endorsements for each subcontractor as evidence of compliance with the insurance <br />requirements of this Contract. The Agency is responsible for ensuring compliance with <br />all of the insurance requirements stated herein. Failure by the Agency, its agents, <br />employees, officers and or subcontractors, to comply with the insurance requirements <br />stated herein shall constitute a material breach of this Contract. <br />City of Tukwila Page 6 of 19 2011 Contract <br />