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iii. Business Automobile Liability Insurance in an amount not less <br /> than$1,000,000 per occurrence, extending to any automobile. A statement certifying that no <br /> vehicle will be used in accomplishing this Agreement may be substituted for this insurance <br /> requirement. <br /> B. The above liability policies shall be primary and noncontributory as to <br /> the City and shall contain a provision that the policy shall not be canceled or materially <br /> changed without 30 days prior written notice to the City. No cancellation provision in any <br /> insurance policy shall be construed in derogation of the continuous duty of Company to <br /> 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 <br /> furnish,prior to or during the operation of Company's scooter share program, a copy of any <br /> policy cited above, certified to be a true and complete copy of the original. <br /> D. Prior to the Company beginning operations of its scooter share <br /> program, Company shall provide the City with a Certificate of Insurance and endorsements <br /> acceptable to the City Attorney evidencing the required insurance. Company shall provide the <br /> City with an endorsement naming the City of Everett, its officers, employees and agents as <br /> Additional Insureds on the Commercial General Liability Insurance policy and the Business <br /> Automobile Liability Insurance policy with respect to the operations performed and services <br /> provided under this Agreement and that such insurance shall apply as primary and <br /> noncontributory insurance on behalf of such Additional Insureds. Receipt by the City of any <br /> certificate showing less coverage than required is not a waiver of Company's obligations to <br /> fulfill the requirements. <br /> E. Company certifies that it is aware of the provisions of Title 51 of the <br /> Revised Code of Washington that requires every employer to be insured against liability of <br /> Workers' Compensation, or to undertake self-insurance in accordance with the provisions of <br /> that Title. Company shall comply with the provisions of Title 51 of the Revised Code of <br /> Washington before beginning the operation of its scooter share program. Company shall <br /> provide the City with evidence of Workers' Compensation Insurance (or evidence of qualified <br /> self-insurance)before it begins operations of its scooter share program. <br /> F. In case of the breach of any provision of this section 6, the City may, at <br /> its option and with no obligation to do so,provide and maintain at the expense of Company, <br /> such types of insurance in the name of the Company, and with such insurers, as the City may <br /> deem proper, and may deduct the cost of providing and maintaining such insurance from any <br /> sums which may be found or become due to Company under this Agreement or may demand <br /> Company to promptly reimburse the City for such cost. <br /> Bird Scooter Share Page 7 of 12 <br /> 2022-23 <br />