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Skyhawks Sports Academy 4/23/2021
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Skyhawks Sports Academy 4/23/2021
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Last modified
5/6/2021 2:44:11 PM
Creation date
5/6/2021 2:43:47 PM
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Contracts
Contractor's Name
Skyhawks Sports Academy
Approval Date
4/23/2021
End Date
12/31/2021
Department
Parks
Department Project Manager
Jeremy Oshie
Subject / Project Title
Youth Sports Camps
Tracking Number
0002890
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
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f) Prior to any activity pursuant to this Agreement,the Sports Camps shall provide the City and the <br /> Everett School District with a Certificate of Insurance acceptable to the City Attorney evidencing <br /> the above-required insurance together with an Additional Insured Endorsement naming the City <br /> of Everett and the Everett School District and their officers,employees and agents as additional <br /> insureds. Both the Certificate of Insurance and Additional Insured Endorsement will be on forms <br /> acceptable to the City and the Everett School District. Receipt by the City of any certificate <br /> showing less coverage than required is not a waiver of the Sports Camps obligations to fulfill the <br /> requirements. <br /> g) The insurance policies identified in this Section 13 will be primary as to the City and the Everett <br /> School District, any other insurance maintained by the City or the Everett School District shall be <br /> excess and not contributing insurance with the Sports Camps insurance. The additional Insured <br /> Endorsement required under subsection f) of this Section 13 must include a statement that such <br /> insurance will apply as primary insurance on behalf such additional insureds (such additional <br /> insureds include the City of Everett and the Everett School District and their officers, employees <br /> and agents). <br /> 14. INDEMNIFICATION <br /> The Sports Camps hereby agrees to save the City and the Everett School District and their officers, <br /> employees and agents(each such person, an "Indemnitee") harmless and indemnify them from all loss, <br /> claims, or damage occasioned to an Indemnitee or to any third person or property by reason of any act <br /> or omission of the League, its officers, members,employees, subcontractors,third persons or agents <br /> which arises, directly or indirectly, as a result of or in connection with this Agreement,and shall, after <br /> reasonable notice thereof, defend and pay the expense of defending any claim or suit which may be <br /> commenced against an Indemnitee alleging injuries to person and/or damage to property by reason of <br /> such act or omission and will pay any judgment which may be obtained against an Indemnitee in such <br /> suit. Nothing herein shall require the League to indemnify and hold harmless an Indemnitee from claims, <br /> demands, damages,expenses or suits caused solely by the negligence or willful misconduct of such <br /> Indemnitee. <br /> 15. BREACH <br /> If either party to this Agreement believes that the other party(the "Breaching Party") has breached this <br /> Agreement, it shall give written notice of the breach to the Breaching Party, and the Breaching Party <br /> shall, except in the case of a failure to insure, have ten (10) days to cure such breach. If the Breaching <br /> Party does not cure the breach within such ten (10) days,the non-breaching party may terminate this <br /> Agreement on three (3) days written notice of such termination to the Breaching Party. Such <br /> termination shall be cumulative of and in addition to any and all other remedies a party may have at law <br /> or in equity. <br /> 16. TERMINATION OF CONTRACT <br /> The City may terminate this Agreement,without any liability whatsoever to the Sports Camps, at any <br /> time, and for any reason, upon not less than twenty(20) days written notice to the Sports Camps. Notice <br /> shall be deemed effective upon either(a)the second day following deposit in the United States Mail to <br /> Skyhawks Sports Academy, 9425 N. Nevada St Suite 210,Spokane,WA 99218, postage prepaid, certified <br /> Skyhawks Sports Academy—Reviewed by Legal 8/13 <br /> 5 <br />
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