|
VIII. Indemnification
<br />To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless
<br />the District and King County, and all of their officials, employees, principals and agents, from
<br />any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including
<br />injuries to persons or damages to property, arising out of, or as a consequence of, the design and
<br />implementation of the Project. As to all other obligations under this Agreement, to the
<br />maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the
<br />other Party, and all of its officials, employees, principals and agents, from any and all claims,
<br />demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or
<br />damages to property, arising out of or relating to any negligent acts, errors or omissions of the
<br />indemnifying Party and its contractors, agents, employees and representatives in performing
<br />these obligations under this Agreement. However, if any such damages and injuries to persons
<br />or property are caused by or result from the concurrent negligence of King County or its
<br />contractors, employees, agents, or representatives, and the City or its contractor or employees,
<br />agents, or representatives, each Party's obligation hereunder applies only to the extent of the
<br />negligence of such Party or its contractor or employees, agents, or representatives. This
<br />indemnification provision shall not be construed as waiving any immunity granted to the City,
<br />the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to
<br />any other entity.
<br />Each Party agrees that its obligations under this subparagraph extend to any claim, demand,
<br />and/or cause of action brought by, or on behalf of, any of its employees or agents. For this
<br />purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only,
<br />any immunity that would otherwise be available against such claims under the Industrial
<br />Insurance provisions of Title 51 RCW. In the event that a Party incurs any judgment, award,
<br />and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Article,
<br />all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of
<br />that Party's culpability. This indemnification shall survive the termination of this Agreement.
<br />6
<br />
|