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CONTRACT 13-016-TRN-002 <br /> Page 2 of 2 <br /> Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in <br /> the event of liability for damages arising out of bodily injury to persons or damages to property caused by or <br /> resulting from the concurrent negligence of the Contractor and the City,its officers,officials,employees,and <br /> volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is <br /> further specifically and expressly understood that the indemnification provided herein constitutes the <br /> Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this <br /> indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall <br /> survive the expiration or termination of this Agreement. <br /> VI. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,insurance against <br /> claims for injuries to persons or damage to property which may arise form or in connection with the <br /> performance of the work hereunder by the Contractor, their agents, representatives, employees or <br /> subcontractors. <br /> Contractor's maintenance of insurance,its scope of coverage and limits as required herein shall not be construed <br /> to limit the liability of the Contractor to the cove rage provided by such insurance,or otherwise limit the City's <br /> recourse to any remedy available at law or in equity. <br /> IN WITNESS WHEREOF the Contractor has executed this instrument on the day and year first below written and the <br /> Authorized Official has caused this in• ment to be executed by and in the name of the City the day and year first <br /> above written. <br /> STRANDBERG EXCAVATI &CO • CAL CITY OF ANACORTES <br /> CONSTRUCTION,INC. <br /> Signature I r M YOR <br /> NC_15-=5' -nc1bery 11 1(1 , 11( <br /> Printed Date <br /> prey I ata4- <br /> Title <br /> Date <br />