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DocuSign Envelope ID:62BBD7BA-F155-4441-9F6E-EF5242CA5F34
<br /> Contract by the Contractor, its officers, employees, agents, and/or representatives. This
<br /> duty to repay the County shall not be diminished or extinguished by the prior termination
<br /> of the Contract pursuant to the Term and Termination section.
<br /> C. To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify,
<br /> and save harmless the County, its officers, employees, and agents from any and all costs,
<br /> claims, judgments, and/or awards of damages, arising out of, or in any way resulting from,
<br /> the negligent acts or omissions of the Contractor, its officers, employees, subcontractors
<br /> and/or agents, in its performance and/or non-performance of its obligations under this
<br /> Contract. The Contractor agrees that its obligations under this subparagraph extend to
<br /> any claim, demand, and/or cause of action brought by, or on behalf of, any of its
<br /> employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby
<br /> waives, as respects the County only, any immunity that would otherwise be available
<br /> against such claims under the Industrial Insurance provisions of Title 51 RCW. In the
<br /> event the County incurs any judgment, award, and/or cost arising therefrom including
<br /> reasonable attorneys' fees to enforce the provisions of this article, all such fees,
<br /> expenses, and costs shall be recoverable from the Contractor.
<br /> D. To the maximum extent permitted by law, the County shall protect, defend, indemnify, and
<br /> save harmless the Contractor, its officers, employees, and agents from any and all costs,
<br /> claims, judgments, and/or awards of damages, arising out of, or in any way resulting from,
<br /> the negligent acts or omissions of the County, its officers, employees, and/or agents, in its
<br /> performance and/or non-performance of its obligations under this Contract. The County
<br /> agrees that its obligations under this subparagraph extend to any claim, demand, and/or
<br /> cause of action brought by, or on behalf of, any of its employees or agents. For this
<br /> purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor
<br /> only, any immunity that would otherwise be available against such claims under the
<br /> Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any
<br /> judgment, award, and/or cost arising therefrom including reasonable attorneys' fees to
<br /> enforce the provisions of this article, all such fees, expenses, and costs shall be
<br /> 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. Nothing contained within this provision shall affect and/or alter the application of any other
<br /> provision contained within this Contract.
<br /> G. The indemnification, protection, defense and save harmless obligations contained herein
<br /> shall survive the expiration, abandonment or termination of this Agreement.
<br /> XII. Insurance Requirements
<br /> By the date of execution of this Contract, the Contractor shall procure and maintain for the
<br /> duration of this Contract, insurance as described in EXHIBIT I., against claims for injuries to
<br /> persons or damages to property which may arise from, or in connection with, the performance
<br /> of work hereunder by the Contractor, its agents, representatives, employees, and/or
<br /> subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor.
<br /> The Contractor may furnish separate certificates of insurance and policy endorsements for each
<br /> subcontractor as evidence of compliance with the insurance requirements of this Contract. The
<br /> Contractor is responsible for ensuring compliance with all of the insurance requirements stated
<br /> herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers,
<br /> and/or provider subcontractors to comply with the insurance requirements stated herein shall
<br /> constitute a material breach of this Contract. Examples of coverage types and limit
<br /> City of Tukwila Page 6 of 10 2017/2018 Contract-6041770
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