The permittee shall indemnify and hold the City and its agents, employees, and/or officers harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, or in connection with, or incident to, the execution of this agreement and/or the permittee’s performance or failure to perform any aspect of this agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the permittee; and provided further, that nothing herein shall require the permittee to hold harmless or defend the City, its agents, employees, and/or officers for damages or loss caused by the City’s sole negligence. The permittee expressly agrees that the indemnification provided herein constitutes the contractor’s waiver of immunity under RCW Title 51, for the purposes of this agreement. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. No liability shall attach to the City by reason of entering into this agreement except as expressly provided herein. (Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).