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Everett Forward Grant Program | Agreement | Page 3
<br />15. Indemnification. To the maximum extent permitted by law, Grantee shall, at its cost and expense, protect,
<br />defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents, from and against
<br />any and all demands, liabilities, causes of action, costs and expenses (including attorneys’ fees), claims,
<br />judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Grantee,
<br />its directors, officers, employees, or agents, relating in any way to Grantee’s performance or non-performance
<br />under the Agreement. Grantee agrees that its obligations under this paragraph extend to any demands,
<br />liabilities, causes of action, or claims brought by, or on behalf of, any of its employees or agents. For this purpose,
<br />Grantee, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise
<br />be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker’s
<br />Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would
<br />otherwise be applicable in the case of such claim. These indemnification obligations shall survive the termination
<br />of the Agreement.
<br />16. Insurance.
<br />A. Upon execution of this Contract, Grantee, at its own cost, shall have procured and will maintain for the
<br />duration of this Contract, the minimum insurance as specified below:
<br />General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury
<br />and property damage
<br />B. The Contractor shall furnish the City with a certificate of insurance for the insurance listed above. The City
<br />reserves the right to require complete, certified copies of all required insurance policies at any time.
<br />C. By requiring such minimum insurance coverage, the City shall not be deemed or construed to have assessed
<br />the risks that may be applicable to Grantee under this Contract. Grantee shall assess its own risks and, if it
<br />deems appropriate and/or prudent, maintain greater limits and/or broader coverage.
<br />D. Nothing contained within these insurance requirements shall be deemed to limit the scope, application
<br />and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided
<br />by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter
<br />the application of any other provision contained within this Contract.
<br />E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, until after forty-five
<br />(45) days prior written notice, has been given to the City.
<br />F. Insurance coverage is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated
<br />with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII.
<br />G. If at any time any of the foregoing policies fail to meet minimum requirements, Grantee shall, upon notice
<br />to that effect from the City, promptly obtain a new policy, and shall submit the same to the City, with the
<br />appropriate certificate, for approval.
<br />1 . Electronic Signature This Agreement may be signed in counterparts, each of which shall be deemed an
<br />original, and all of which, taken together, shall be deemed one and the same document. Signature on this
<br />Agreement or amendment thereof may be by email, fax, photocopy, pdf or other electronic means, in which
<br />case such signatures will be deemed original signatures for all purposes.
<br />[signatures on following page]
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