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B. The above liability policies shall be primary as to the City and shall contain a <br /> provision that the policy shall not be cancelled or materially changed without thirty(30) days <br /> prior written notice to City. No cancellation provision in any insurance policy shall be construed <br /> in derogation of the continuous duty of Theatre to furnish the required insurance during the term <br /> of this Agreement. <br /> C. Upon written request by City,the insurer or its agent will furnish,prior to or <br /> during any work being performed under this Agreement, a copy of any policy cited above, <br /> certified to be a true and complete copy of the original. <br /> D. Prior to the Theatre performing any work under this Agreement,the Theatre shall <br /> provide City with a Certificate of Insurance acceptable to City Attorney evidencing the above- <br /> required insurance. Theatre shall provide the City with either(1) a true copy of an endorsement <br /> naming the City of Everett,its officers, employees and agents as Additional Insureds on the <br /> Commercial General Liability Insurance policy and the Business Automobile Liability Insurance <br /> policy with respect to the operations performed and services provided under this Agreement and <br /> that such insurance shall apply as primary insurance on behalf of such Additional Insureds or(2). <br /> a true copy of the blanket additional insured clause from the policies. Receipt by City of any <br /> certificate showing less coverage than required is not a waiver of Theatre's obligation to fulfill <br /> the requirements. <br /> E. Theatre certifies that it is aware of the provisions of Title 51 of the Revised Code <br /> of Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Theatre shall comply with the provisions of Title 51 of the Revised Code of Washington before <br /> commencing the performance of work under this Agreement. Theatre shall provide City with <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br /> any work is commenced under this Agreement. <br /> F. In case of the breach of any provision of this section, City may, at its option and <br /> with no obligation to do so,provide and maintain at the expense of Theatre such types of <br /> insurance in the name of Theatre, and with such insurers, as City may deem proper, and may <br /> deduct the cost of providing and maintaining such insurance from any sums which may be found <br /> or become due to Theatre under this Agreement, or may demand Theatre to promptly reimburse <br /> City for such cost. <br /> VIII. INDEMNIFICATION <br /> Except as otherwise provided in this Section, Theatre hereby agrees to defend and <br /> indemnify the City from any and all Claims arising out of, in connection with, or incident to any <br /> negligent or intentional acts, errors, omissions, or conduct by Theatre (or its employees, agents, <br /> representatives or subcontractorslsubconsultants)relating to this Agreement,whether such <br /> Claims sound in contract,tort, or any other legal theory. Theatre is obligated to defend and <br /> indemnify the City pursuant to this Section whether a Claim is asserted directly against the City, <br /> or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone else <br /> who then seeks contribution or indemnity from the City. Theatre's duty to defend and indemnify <br /> EVERETT/VILLAGE THEATRE AGREEMENT Page 7 of 10 <br /> 10 <br />