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11.3 The indemnifications contained in Sections 11.1 and 11 .2 are valid and enforceable only to the extent of the
<br />indemnitor's negligence where the damages arise out of services or work in connection with or collateral to,
<br />a contract or agreement relative to construction, alteration, repair, addition to, subtraction from,
<br />improvement to, or maintenance of, any build i ng, highway, road, railroad, excavation, or other structure,
<br />project, development, or improvement attached to real estate, including moving and demolition in
<br />connection therewith, a contractor agreement for architectural, landscape architectural, engineering, or
<br />land surveying services and where the damages are caused by or result from the concurrent negligence of
<br />(i) SCJ or its officers, employees , and agents, and (ii) Client or its officers, employees, and agents . This
<br />paragraph is intended to comply with RCW 4.24.115 .
<br />11.4 Both SCJ and Client expressly waive any immunity, from cla ims aga i nst each other, provided by the
<br />Washington State Industrial Insurance Act (RCW 51) or similar act of any other state. The provisions of this
<br />section shall not be limited in any way by any limitation on benefits payable to or for any third party under
<br />any State's Workers' Compensation Act . This waiver is not intended to waive and does not waive SCJ's design
<br />professional immunity from claims by an injured worker or beneficiary provided by RCW 51.24 .035.
<br />11 .5 Both SCJ and Cl ient acknowledge that they have mutually negotiated this
<br />waiver of immunity under the Wash ington State Industrial Insurance Act
<br />(RCW 51).
<br />Section 12 -Concurrent Work. This Agreement shall not limit, in any way, other
<br />work SCJ may undertake for any other client.
<br />Section 13 -Insurance. SCJ shall obtain and keep in force during the terms of this Agreement insurance coverage as
<br />follows : (a) Workers' Compensation, as required by applicable statute; (b) Comprehensive General Liability, $2
<br />million per occurrence and $4 million in the aggregate; (c) Automobile, $1 million combined single limit; and (d)
<br />Professional Liability, $1 million per claim and $2 million in the aggregate .
<br />SCJ will provide Client with thirty (30) day notice prior to cancelling any of the aforementioned policies .
<br />Section 14-Dispute Resolution, Jurisdiction, Venue, Attorney Fees, and Applicable Law .
<br />14 .1 Mediation . In the event that any dispute arises between the parties related to this Agreement, the parties
<br />agree to submit the dispute to non-binding mediation upon either party providing the other with written
<br />notice describing the dispute in detail. The parties shall cooperate in selecting the mediator, and the
<br />mediation shall occur within 30 days of a party providing written notice to the other party of the dispute .
<br />The mediation shall take place in Tacoma, Washington.
<br />14.2 Arbitration . Except as provided below in Section 14 .3., if such mediation does not resolve the dispute, such
<br />dispute shall be submitted to final and binding arbitration pursuant to the Washington's Uniform
<br />Arbitration Act (RCW 7 .04A). The arb itration shall be conducted in Tacoma, Washington . The prevailing
<br />party in any such arbitration shall be entitled to recover its reasonable costs and attorney fees .
<br />14.3 Fee Disputes . Follow ing mediation pursuant to Section 14 .1, any dispute involving only Client's failure to
<br />pay SCJ pursuant to this Agreement for SCJ's performance of the Work, may be resolved by commencing a
<br />lawsuit in court. Venue for the lawsuit shall be Pierce County, Washington . The prevailing party in any such
<br />lawsuit shall be entitled to recover its reasonable costs and attorney fees .
<br />14.4 Applicable Law . This Agreement shall be governed by the laws of the State of Washington .
<br />SCJ Agreement for Professional Services Page4
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