Indemnification+and+Hold+Harmless+-+WWU+Policy

Indemnification and Hold Harmless

To the fullest extent permitted by law, the Contractor will agree to indemnify, defend and hold harmless Western Washington University, its trustees, officers, directors, employees, agents, volunteers and assigns from and against all claims arising out of or resulting from the Contractor’s performance or non-performance of the Contract. “Claim” as used in this Contract means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by the Contractor’s agents, employees, representatives, or any subcontractor or its employees.

Contractor expressly agrees to indemnify, defend, and hold harmless Western Washington University for any claim arising out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract. Contractor 's obligation to indemnify, defend, and hold harmless Western Washington University shall not be eliminated or reduced by any actual or alleged concurrent negligence of Western Washington University.

Contractor waives its immunity under Title 51 RCW to the extent required to indemnify, defend, and hold harmless the Western Washington University, its trustees, officers, directors, employees, agents, volunteers and assigns.

The terms of this clause shall survive the termination of the Contract.

7.1 INSURANCE / RISK MANAGEMENT

General Insurance Requirements. The Contractor shall provide evidence of insurance coverage as set out in this section. The intent of the required insurance is to protect the University should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the Contractor or subcontractor, or agents of either, while performing under the terms of this contract.

Before the term of the Contract, the Contractor shall furnish the University with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract. Certificates of insurance shall be sent to Western Washington University, Contract Administration, MS-1390, Bellingham, WA 98225-1390.

All insurance referred to herein shall be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VIII or better in the most recently published edition of AM Best’s Reports.

The University shall be provided forty-five (45) days advance written notice before cancellation, non-renewal or material change in coverage of any insurance referred to herein.

Western Washington University, its trustees, officers, directors, employees, agents and volunteers shall be named as an additional insured, and the Contractor waives all rights against Western Washington University for recovery of damages to the extent these damages are covered by insurance policies maintained pursuant to this Contract.

All insurance provided in compliance with this Contract shall be primary and shall not contribute to any other insurance or self-insurance programs afforded to or maintained by the University.

Contractor shall include their subcontractors as insureds under all required insurance policies, or shall obtain separate certificates of insurance and endorsements for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein.

Contractor or their subcontractor(s) failure to comply with Contract insurance requirements does not limit the Contr