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benefits accorded City employees by virtue of the services provided under this Agreement. The <br />City shall not be responsible for withholding or otherwise deducting federal income tax or social <br />security or contributing to the State Industrial Insurance Program, or otherwise assuming the <br />duties of an employer with respect to the Contractor, or any employee of the Contractor. <br />6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, <br />its officers, agents and employees, from and against any and all claims, losses or liability, <br />including attorney's fees, arising from injury or death to persons or damage to property <br />occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, <br />in performing the work required by this Agreement. With respect to the performance of this <br />Agreement and as to claims against the City, its officers, agents and employees, the Contractor <br />expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial <br />Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend <br />and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of <br />any employee of the Contractor. This waiver is mutually negotiated by the parties. This <br />paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents <br />and employees. To the extent any of the damages referenced by this paragraph were caused by <br />or resulted from the concurrent negligence of the City, its agents or employees, this obligation to <br />indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence <br />of the Contractor, its officers, agents, and employees. <br />7. Insurance. The Contractor shall procure and maintain in full force throughout the <br />duration of this Agreement professional liability insurance with a minimum coverage of <br />$1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such <br />coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation <br />of the required insurance shall automatically result in termination of this Agreement. <br />8. Termination. This Agreement may at any time be terminated by either party giving the <br />other party thirty (30) days written notice of its intention to terminate the same. <br />9. Discrimination Prohibited. The Contractor shall not discriminate against any <br />employee, applicant for employment, or any person seeking the services of the Contractor to be <br />provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, <br />marital status or presence of any sensory, mental or physical handicap. <br />10. Assignment and Subcontract. The Contractor shall not assign or subcontract any <br />portion of the services contemplated by this Agreement without the written consent of the City. <br />11. Entire Agreement. This Agreement contains the entire agreement between the parties <br />hereto and no other Agreements, oral or otherwise, regarding the subject matter of this <br />Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request <br />changes in the agreement. Proposed changes which are mutually agreed upon shall be <br />28 Kenyon Disend 2019-2020 Page 2 of 7 <br />