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shall acknowledge King County's funding support from the 2014 -2019 King County Parks,
<br />Trails, and Open Space Replacement Levy on public information related to the project.
<br />d. Maintenance. The City shall operate and maintain Baker Boulevard and Christensen Road
<br />rights -of -way, including the improvements as installed over the term of this Agreement.
<br />Future alterations to installed improvements may be undertaken to ensure the safety and
<br />convenience of the public by approval of both the City and the County.
<br />2. Property. The City hereby represents and warrants to the County that it holds the necessary
<br />property rights, including right -of -way and /or easement rights to the property in Baker Boulevard and
<br />Christensen Road and that it has legal authority to construct the improvements. The City further
<br />represents and warrants that there are no easements, covenants, restrictions, encumbrances, or defects
<br />on or to the property in Baker Boulevard and Christensen Road that will in any way impair the City's
<br />ability to design and construct the Mobility Project and perform its obligations under this Agreement.
<br />3. Liability. Each Party shall protect defend, indemnify, and save harmless the other Party, its officers,
<br />officials, employees and agents which acting within the scope of their employment as such, from any
<br />and all suits, costs, claims, actions, losses, penalties, judgments, and /or damages of whatsoever kind
<br />( "Claims ") arising out of, in connection with, or incident to the exercise of any right or obligation under
<br />this Agreement, to the extent caused by or resulting from each Party's own acts or omissions. Each
<br />Party agrees that it is fully responsible for the acts and omissions of its own contractors, their
<br />employees, and agents, acting within the scope of their employment as such, as it is for the acts and
<br />omissions of its own employees and agents. Each Party agrees that its obligations under this Paragraph
<br />extend to any Claim brought by or on behalf of the other Party or any of its employees or agents. The
<br />foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's
<br />immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only,
<br />and only to the extent necessary to provide the indemnified Party with full and complete indemnity of
<br />Claims made by the indemnitor's employees. The parties acknowledge that these provisions were
<br />specifically negotiated and agreed upon by them.
<br />4. Insurance. For the duration of its liability exposures under this Agreement, the City of Tukwila shall
<br />maintain insurance, as described below, against claims for injuries or damage to property which may
<br />arise from or in connection with performance of the work hereunder by the City, its agents,
<br />representatives, employees, contractors, or subcontractors.
<br />(a) General Liability. Coverage shall be at least as broad as Insurance Services Office form
<br />number CG 00 01 covering COMMERCIAL GENERAL LIABILITY, $1,000,000 combined single
<br />limit per occurrence, and for those policies with aggregate limits, a $2,000,000 aggregate
<br />limit. King County, its officers, officials, employees, and agents are to be covered as
<br />Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
<br />Christensen Road
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