YMCA of Snohomish County 4/7/2021

c) The YMCA shall procure and maintain Sexual Misconduct(abuse and molestation) liability insurance on an occurrence basis in an amount not less than$2,000,000 per occurrence and at least$5,000,000 in the annual aggregate. d) The YMCA shall procure and maintain fire and casualty insurance covering the YMCA's contents of any storage facilities at the YMCA's own cost. e) The YMCA agrees to provide at least thirty(30) days' notice prior to cancellation of any of the insurance requirements set forth above. The policies shall provide that they shall not be canceled or materially changed without thirty(30)days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the YMCA to furnish the required insurance during the terms of this Agreement. f) Upon written request by the City, the YMCA will furnish, prior to any activity pursuant to this Agreement, a copy of any policy cited above,certified to be a true and complete copy of the original. g) Prior to any activity pursuant to this Agreement,the YMCA shall provide the City with a Certificate of Insurance acceptable to the City evidencing the above-required insurance together with an Additional Insured Endorsement(s) naming the City of Everett and its officers, employees and agents as additional insureds. Both the Certificate of Insurance and Additional Insured Endorsement will be on forms acceptable to the City. Receipt by the City of any certificate showing less coverage than required is not a waiver of the YMCA's obligations to fulfill the requirements. h) The insurance policies identified in this Section will be primary as to the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the YMCA's insurance. The Additional Insured Endorsement(s) required under subsection g) of this Section must include a statement that such insurance will apply as primary insurance on behalf such additional insureds. 12. INDEMNIFICATION The YMCA shall indemnify,defend and hold harmless the City and its officers, employees and agents (each such person, an "Indemnitee") against and from any and ail claims, actions,damages, liability, costs and expenses, including attorney's fees, arising out of or relating to (a)the YMCA's use of the Camp Patterson Facilities or the YMCA's camp programming or any activity,work, or other things done or permitted by YMCA in or about the Camp Patterson Facilities, (b) any injury to any camper, (c) any breach or default in the performance of any obligation on YMCA's part to be performed under the terms of this Agreement, (d) any act or omission, negligence or willful misconduct of the YMCA, or any officer, agent, employee,guest,camper or invitee of the YMCA, and from all costs,damages, attorneys' fees and liabilities incurred in defense of any such claim in any action or proceeding brought thereon. Nothing herein shall require the YMCA to indemnify and hold harmless an Indemnitee from claims, demands, damages,expenses or suits caused solely by the negligence or willful misconduct of such Indemnitee. This Section is specifically and expressly intended to constitute a waiver of the YMCA's immunity under Washington's Industrial Insurance Act, RCW Title 51, to the full extent necessary to provide each Indemnitee with a full and complete indemnity from claims made by the YMCA and its employees,to maximum extent allowed by law. YMCA AND CITY ACKNOWLEDGE THAT THE 4