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B. The above liability policies shall contain a provision that the policy shall not be canceled or <br /> materially changed without 30 days' prior written notice to the City. The above liability policies <br /> shall be primary. No cancellation provision in any insurance policy shall be construed in <br /> derogation of the continuous duty of the Museum to furnish the required insurance during the <br /> term of this Agreement. <br /> C. Upon written request by the City,the Insurer or its agent will furnish, prior to or during any <br /> Work being performed, a copy of any policy cited above, certified to be a true and complete <br /> copy of the original. <br /> D. Prior to the Museum performing any Work, Museum shall provide the City with a Certificate of <br /> Insurance acceptable to the City Attorney evidencing the required insurance. Museum 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 with respect to the operations performed and services provided under this <br /> Agreement and that such insurance shall apply as primary insurance on behalf of such <br /> Additional Insureds or(2)a true copy of the blanket additional insured clause from the policies. <br /> Receipt by the City of any certificate showing less coverage than required is not a waiver of the <br /> Museum's obligations to fulfill the requirements. <br /> E. Museum certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington <br /> that requires every employer to be insured against liability of Workers' Compensation,or to <br /> undertake self-insurance in accordance with the provisions of that Title. Museum shall comply <br /> with the provisions of Title 51 of the Revised Code of Washington before commencing the <br /> performance of the Work. Museum shall provide the City with evidence of Workers' <br /> Compensation Insurance(or evidence of qualified self-insurance) before any work is <br /> commenced. <br /> F. In case of the breach of any provision of this section,the City may, at its option and with no <br /> obligation to do so, provide and maintain at the expense of Museum,such types of insurance in <br /> the name of the Museum, and with such insurers, as the City may deem proper, and may deduct <br /> the cost of providing and maintaining such insurance from any sums which may be found or <br /> become due to Museum under this Agreement or may demand Museum to promptly reimburse <br /> the City such cost. <br /> VII. GOVERNING LAW AND VENUE <br /> The laws of the State of Washington shall govern this Agreement. Any lawsuit regarding this Agreement <br /> must be brought in the Superior Court of Snohomish County,Washington. <br /> VIII. RELATIONSHIP OF PARTIES <br /> The City and the Museum shall not be construed as joint ventures or general partners,and neither shall <br /> have the power to bind or obligate the other party. <br /> IX. NO THIRD-PARTY RIGHTS <br /> The provisions of this Agreement are intended solely for the benefit of, and may only be enforced by, <br /> the parties hereto. None of the rights or obligations of the parties herein set forth is intended to confer <br /> 3 <br />