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Contractor to perform the work, and notify CenturyLink of the costs. CenturyLink shall then
<br />have five (5) business days from the time it receives the costs from the City, within which to
<br />respond in writing or electronic mail. If CenturyLink chooses not to accept the Contractor's
<br />price, then this work shall only be performed by CenturyLink according to a mutually agreed
<br />upon schedule with the Contractor so as not to cause unreasonable delay to the Contractor.
<br />6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
<br />Each CenturyLink and the City shall defend, indemnify and hold the other party, their
<br />officers, officials, employees and agents harmless from any and all claims, injuries, damages,
<br />losses or suits including all legal costs and attorneys' fees, arising out of or in connection with
<br />the parties' respective performance of this Agreement or to the extent arising out of or resulting
<br />from the negligence or willful misconduct of either the City or CenturyLink or their respective
<br />agents, employees, officers, officials, directors, contractors or subcontractors. Notwithstanding
<br />any other terms or conditions of this Agreement, the indemnification obligations in this
<br />Agreement shall not be applicable to any claims to the extent caused by the negligence or willful
<br />misconduct of an indemnified party or their respective agents, employees, officers, officials,
<br />directors, contractors or subcontractors. Notwithstanding any other provision of this Agreement
<br />to the contrary, neither party shall be liable to the other party for any special, incidental, indirect,
<br />punitive or consequential damages.
<br />Further, should a court of competent jurisdiction determine that this Agreement is subject
<br />to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
<br />persons or damages to property caused by or resulting from the concurrent negligence of the
<br />parties, their respective agents, employees, officers, officials, directors, contractors or
<br />subcontractors, a CenturyLink's or the City's liability hereunder shall be only to the extent of the
<br />each's negligence. It is further specifically and expressly understood that the indemnification
<br />provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51
<br />RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated
<br />by the parties. The provisions of this Section 6 shall survive the expiration or termination of this
<br />Agreement.
<br />No party, directly or indirectly, shall create or impose any lien based upon work or
<br />materials provided for or on behalf of a respective party on the property of another, or on the
<br />rights or title relating thereto, or any interest therein, or in this Agreement. Each party, subject to
<br />each party's right to contest such a lien in good faith, shall promptly, at its own expense, take
<br />such action as may be necessary to duly discharge any lien created by it on the property of
<br />another based upon work or materials provided for or on behalf of a respective party.
<br />7. INSURANCE.
<br />JOINT TRENCH AGREEMENT— Page 5 of 11 (August 20, 2018)
<br />(between City of Tukwila and CenturyLink Re: 53rd Ave S. project)
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