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obligation to indemnify,defend,and hold harmless includes any claim by Everett Police
<br /> Department's agents,employees,representatives, any subcontractor or its employees,or any
<br /> third party.
<br /> However,Everett Police Department shall not indemnify,defend,or hold harmless DNR,its
<br /> officials, agents, and employees for claims caused by or resulting from the sole negligence of
<br /> DNR,its officials,agents,and employees and in the event of concurrent negligence by (1)
<br /> Everett Police Department, its agents,employees, representatives,any subcontractor or its
<br /> employees,or any third party and(2) DNR, its officials,agents, and employees,then Everett
<br /> Police Department's obligation to indemnify,defend,and hold harmless DNR,its officials,
<br /> agents,and employees shall be valid and enforceable only to the extent of Everett Police
<br /> Department, its agents,employees, representatives,any subcontractor or its employees,or any
<br /> third party's share of any concurrent negligence.
<br /> Everett Police Department waives its immunity under Title 51 RCW to the extent it is required to
<br /> indemnify,defend and hold harmless DNR and its officials, agents or employees.
<br /> 20.0 Insurance. Before using any of said rights granted herein and its own expense, Everett
<br /> Police Department shall purchase and maintain,or require its agent(s)/subcontractor to purchase
<br /> and maintain,the insurance described below for the entire duration of this Agreement. Failure to
<br /> purchase and maintain the required insurance may result in the termination of the Agreement at
<br /> DNR's option.
<br /> All insurance provided in compliance with this Agreement shall be primary as to any other
<br /> insurance or self-insurance programs afforded to,or maintained by,the State of Washington,
<br /> Department of Natural Resources.
<br /> Everett Police Department shall provide DNR with certificates of insurance, executed by a duly
<br /> authorized representative of each insurer,showing compliance with the insurance requirements
<br /> specified in this Agreement before using any of said rights granted herein. The description
<br /> section of the certificate shall contain the Agreement Number and the name of the DNR Project
<br /> Manager. Everett Police Department shall also provide renewal certificates as appropriate during
<br /> the term of this Agreement.
<br /> Everett Police Department shall include all subcontractors and agents as insured under all
<br /> required insurance policies or shall provide separate certificates of insurance for each
<br /> subcontractor or agent. Failure of Everett Police Department to have its subcontractors and
<br /> agents comply with the insurance requirements contained herein does not limit Everett Police
<br /> Department's liability or responsibility.
<br /> INSURANCE TYPES& LIMITS:The limits of insurance, which may be increased by State,
<br /> as deemed necessary,shall not be less than as follows:
<br /> Commercial General Liability(CGL)Insurance: Everett Police Department shall purchase and
<br /> maintain commercial general liability insurance with a limit of not less than$1,000,000 per each
<br /> DNR AGREEh1ENTk93-l03727 PAGt 5 of 13
<br /> COOPERATORAGREEMEti"c Form update date 22.01.27
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