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same terms and conditions as the Artist pursuant to this Section 10. The provisions of this Section <br />10 shall survive the expiration or termination of this Agreement. <br />13. Insurance. <br />A. Artist shall comply with the following conditions and procure and keep in force during <br />the term of this Agreement, at Artist's own cost and expense, the following policies of insurance <br />with companies authorized to do business in the State of Washington, which are rated at least "A" <br />or better and with a numerical rating of no less than seven (7), by A.M. Best Company and which <br />are acceptable to the City. <br />1. Workers' Compensation Insurance as required by Washington law and Employer's <br />Liability Insurance with limits not less than $1,000,000 per occurrence. If the City <br />authorizes sublet work, the Artist shall require each subcontractor to provide Workers' <br />Compensation Insurance for its employees, unless the Artist covers such employees. <br />2. Commercial General Liability Insurance on an occurrence basis in an amount not less <br />than $1,000,000 per occurrence and at least $1,000,000 in the annual aggregate, including <br />but not limited to: premises/operations (including off -site operations), blanket contractual <br />liability and broad form property damage. Artist shall insure the Work against casualty, <br />loss, theft, fire, flood, destruction and other perils. The risk of loss shall be on the Artist <br />until the Work is completely installed. <br />3. Business Automobile Liability Insurance in an amount not less than $1,000,000 per <br />occurrence, extending to any automobile. A statement certifying that no vehicle will be <br />used in accomplishing this Agreement may be substituted for this insurance requirement. <br />B. The above liability policies shall be primary as to the City shall contain a provision <br />that the policy shall not be canceled or materially changed without 30 days prior written notice to <br />the City. No cancellation provision in any insurance policy shall be construed in derogation of the <br />continuous duty of the Artist to furnish the required insurance during the term of this Agreement. <br />C. Upon written request by the City, the insurer or his/her agent will furnish, prior to or <br />during any Work being performed, a copy of any policy cited above, certified to be a true and <br />complete copy of the original. <br />D. Prior to the Artist performing any Work, Artist shall provide the City with a Certificate <br />of Insurance acceptable to the City Attorney evidencing the above -required insurance. Artist shall <br />provide the City with either (1) a true copy of an endorsement naming the City of Everett, its <br />officers, employees and agents as Additional Insureds on the Commercial General Liability <br />Insurance policy and the Business Automobile Liability Insurance policy with respect to the <br />operations performed and services provided under this Agreement and that such insurance shall <br />apply as primary insurance on behalf of such Additional Insureds or (2) a true copy of the blanket <br />additional insured clause from the policies. Receipt by the City of any certificate showing less <br />coverage than required is not a waiver of the Artist's obligations to fulfill the requirements. <br />Public Art Professional Services Agreement (2021) 5 <br />