|
Agreement, the Association shall provide the City with a Certificate of Insurance describing the
<br /> policies, issuers, policy numbers and policy limits and an Additional Insured Endorsement naming the
<br /> City, its officers, employees and agents, as an Additional Insured in a form acceptable to the City
<br /> Attorney and upon request shall provide a certified copy of the insurance policy or policies. Waiver of
<br /> any of the above-referenced insurance requirements shall be made only after written approval by the
<br /> City Attorney. The Association agrees to provide at least thirty (30) days notice prior to cancellation of
<br /> any of the insurance requirements set forth above. The policies shall provide that they shall not be
<br /> canceled or materially changed without thirty days prior written notice to the City. No cancellation
<br /> provision in any insurance policy shall be construed in derogation of the continuous duty of the
<br /> Association to furnish the required insurance during the terms of this Agreement.
<br /> c) Fire and casualty insurance covering the Association's contents of the Garfield Park concession
<br /> building and the Legion Park storage facilities at the Association's own cost. Proof of said insurance
<br /> shall be promptly provided to the City Attorney. The Association shall give the City at least thirty (30)
<br /> days written notice of cancellation of the insurance referenced above.
<br /> d) The policies shall provide that they shall not be canceled or materially changed without thirty days
<br /> prior written notice to the City. No cancellation provision in any insurance policy shall be construed in
<br /> derogation of the continuous duty of the Association to furnish the required insurance during the terms
<br /> of this Agreement.
<br /> e) Upon written request by the City, the insurer or his/her agent will furnish, prior to or during any work
<br /> being performed under this Agreement, a copy of any policy cited above, certified to be a true and
<br /> complete copy of the original.
<br /> f) Prior to any activity pursuant to this Agreement, the Association shall provide the City with a
<br /> Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance
<br /> together with an Additional Insured Endorsement naming the City of Everett, its officers, employees
<br /> and agents as additional insured. Receipt by the City of any certificate showing less coverage than
<br /> required is not a waiver of the Association's obligations to fulfill the requirements.
<br /> 11. INDEMNIFICATION
<br /> The Association hereby agrees to save the City, its officers, employees and agents harmless and indemnify
<br /> them from all loss, claims, or damage occasioned to the City, its officers, employees or agents or to any third
<br /> person or property by reason of any act or omission of the Association, its officers, members, employees,
<br /> subcontractors, third persons or agents which arises, directly or indirectly, as a result of or in connection with
<br /> this Agreement, and shall, after reasonable notice thereof, defend and pay the expense of defending any
<br /> claim or suit which may be commenced against the City, its officers, employees or agents, or any third person
<br /> alleging injuries to person and/or damage to property by reason of such act or omission and will pay any
<br /> judgment which may be obtained against the City, its officers, employees, agents or third persons in such
<br /> suit. Nothing herein shall require the Association to indemnify and hold harmless the City, its officers, agents
<br /> and employees from claims, demands, damages, expenses or suits caused solely by the negligence or willful
<br /> misconduct of the City, its officers, employees and agents.
<br /> 12. BREACH
<br /> In the event of any breach or default by the Association, the City may terminate this Agreement, which
<br /> termination shall be effective three calendar days after the City issues written notice of such termination.
<br /> Such termination shall be cumulative of and in addition to any and all other remedies it may have at law or in
<br /> equity.
<br /> 13. TERMINATION OF CONTRACT
<br /> The City may terminate this Agreement at any time upon not less than fourteen (14) days written notice to the
<br /> Association. Notice shall be deemed effective upon either (a) the second day following deposit in the United
<br /> States Mail to North Everett Little League, P.O. Box 12946 Everett WA 98206, postage prepaid, certified or
<br /> registered mail, return receipt requested, or (b) delivery. This provision shall not prevent the City from seeking
<br />
|