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11.2 Client shall indemnify and hold harmless SCJ, its officers, directors, shareholders, and employees, from all
<br />claims, demands, or lawsuits at law or equity for personal injury or property damage ("Claim") arising in
<br />whole or in part from the negligence of Client or Client's agents, employees, contractors, or subcontractors;
<br />providing that nothing herein shall require Client to indemnify and hold harmless SCJ from Claims based
<br />solely upon the negligence of SCJ, its agents, officers, or employees.
<br />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 building, 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 claims against each
<br />other, provided by the Washington State Industrial Insurance Act (RCW 51) Initial here forVolunta_ry Waiver
<br />or similar act of any other state. The provisions of this section shall not be
<br />limited in any way by any limitation on benefits payable to or for any third SO
<br />party under any State's Workers' Compensation Act. This waiver is not client
<br />intended to waive and does not waive SCJ's design professional immunity
<br />from claims by an injured worker or beneficiary provided by RCW 51.24.035.
<br />11.5 Both SCJ and Client acknowledge that they have mutually negotiated this waiver of immunity under the
<br />Washington State Industrial Insurance Act (RCW 51).
<br />Section 12 — Concurrent Work. This Agreement shall not limit, in any way, other work SCJ may undertake for any
<br />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 />SO 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 arbitration 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 />SO Agreement for Professional Services Page 4
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