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a) The Tennis Program shall procure and keep in force during the term of this Agreement, at the Tennis Program's <br /> own cost and expense,the policies of insurance described herein with companies authorized to do business in <br /> the State of Washington, which are rated at least "A" or better and with a numerical rating of no less than 7, by <br /> A. M. Best company and which are acceptable to the City and the Everett School District. <br /> b) The Tennis Program shall procure and maintain a Commercial General Liability Insurance on an occurrence basis <br /> in an amount not less than$1,000,000 per occurrence and at least$2,000,000 in the annual aggregate, including <br /> but not limited to premises/operations(including off-site operations), blanket contractual liability and broad <br /> form property damage, all in a form acceptable to the City and the Everett School District.The Tennis Program <br /> agrees to provide at least thirty(30) days notice prior to cancellation of any of the insurance requirements set <br /> forth above. <br /> c) The Tennis Program shall procure and maintain fire and casualty insurance covering the Tennis Program's <br /> contents of any storage facilities at the Tennis Program's own cost. Proof of said insurance shall be promptly <br /> provided to the City Attorney.The Tennis Program shall give the City at least thirty(30) days written notice of <br /> cancellation of the insurance referenced above. <br /> d) The policies shall provide that they shall not be canceled or materially changed without thirty(30) days prior <br /> written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of <br /> the continuous duty of the Tennis Program to furnish the required insurance during the terms of this <br /> Agreement. <br /> e) Upon written request by the City,the Tennis Program will furnish, prior to any activity pursuant to this <br /> Agreement, a copy of any policy cited above, certified to be a true and complete copy of the original. <br /> f) Prior to any activity pursuant to this Agreement,the Tennis Program shall provide the City and the Everett <br /> School District with a Certificate of Insurance acceptable to the City Attorney evidencing the above-required <br /> insurance together with an Additional Insured Endorsement naming the City of Everett and the Everett School <br /> District and their officers,employees and agents as additional insureds. Both the Certificate of Insurance and <br /> Additional Insured Endorsement will be on forms acceptable to the City and the Everett School District. Receipt <br /> by the City of any certificate showing less coverage than required is not a waiver of the Tennis Program's <br /> obligations to fulfill the requirements. <br /> g) The insurance policies identified in this Section 14 will be primary as to the City and the Everett School District. <br /> The additional Insured Endorsement required under subsection f)of this Section 14 must include a statement <br /> that such insurance will apply as primary insurance on behalf such additional insureds(such additional insureds <br /> include the City of Everett and the Everett School District and their officers, employees and agents). <br /> 15. INDEMNIFICATION <br /> The Tennis Program hereby agrees to save the City and the Everett School District and their officers, employees and <br /> agents (each such person, an "Indemnitee") harmless and indemnify them from all loss, claims,or damage occasioned to <br /> an Indemnitee or to any third person or property by reason of any act or omission of the Tennis Program, its officers, <br /> members,employees, subcontractors,third persons or agents which arises, directly or indirectly, as a result of or in <br /> connection with this Agreement, and shall, after reasonable notice thereof, defend and pay the expense of defending <br /> any claim or suit which may be commenced against an Indemnitee alleging injuries to person and/or damage to property <br /> by reason of such act or omission and will pay any judgment which may be obtained against an Indemnitee in such suit. <br /> Nothing herein shall require the Tennis Program to indemnify and hold harmless an Indemnitee from claims, demands, <br /> damages, expenses or suits caused solely by the negligence or willful misconduct of such Indemnitee. It is further <br />