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injury to persons or damages to property caused by or resulting from the concurrent <br />negligence of the NG and the City, its officers, officials, employees, and volunteers, <br />the NG' s liability hereunder shall be only to the extent of the NG' s negligence. It <br />is further specifically and expressly understood that the indemnification provided <br />herein constitutes the NG' s waiver of immunity under Industrial Insurance, Title <br />51 RCW, solely for the purposes of this indemnification. This waiver has been <br />mutually negotiated by the parties. The provisions of this section shall survive the <br />expiration or termination of this Agreement. <br />8.4. Notwithstanding anything in this Agreement to the contrary, NG assumes no <br />obligation or liability for any claim of damages (including the payment of <br />reasonable attorneys' fees) by a third party arising from or related to (i) any <br />modification of the System made by the City, (ii) the sole negligence or willful <br />misconduct of the City, (iii) the failure to function properly of any hardware, <br />software or equipment of any kind used by, in or on behalf of the City (other than <br />that supplied by NG), or (iv) the review and analysis of the System data output by <br />the City personnel for infraction preparation. <br />8.5. The rights of the City to seek indemnification under this Section 8 shall be <br />conditioned upon (i) the City notifying NG promptly upon receipt of the claim or <br />action for which indemnification is sought and (ii) the City's full cooperation with <br />NG in the settlement or defense of such claim or action at no cost to the City. The <br />City agrees not to charge NG for the time of the City's personnel engaged in such <br />cooperation. Such cooperation shall include, but not be limited to, the City <br />providing access for, and permission to, NG for the purpose of the replacement of <br />such part or parts of Systems as NG may deem necessary or desirable. The City <br />may participate in the defense of any indemnified matter through counsel of its own <br />choice and at its own expense provided that NG shall remain in, and responsible <br />for, control of the matter. This Section 8 states the entire liability and obligation <br />and the exclusive remedy of the City with respect to any actions or claims (i) of <br />alleged infringement relating to or arising out of the subject matter of this <br />Agreement or (ii) otherwise the subject of this paragraph. <br />8.6. NG shall maintain the following minimum scope and limits of insurance: <br />8.6.1. Comprehensive general liability insurance with limits no less than <br />$1,000,000 each occurrence, $2,000,000 general aggregate. Commercial <br />General Liability insurance shall be at least as broad as ISO occurrence form <br />CG 00 01 and shall cover liability arising from premises, operations, stop- <br />gap, products -completed operations, independent contractors, personal <br />injury and advertising injury, and liability assumed under an insured <br />contract. The City shall be named as an additional insured under NG'S <br />{KZS2229149.DOCX;1/13175.000001/ } <br />12 <br />8 <br />