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<br /> <br /> <br /> <br />a) The School shall procure and keep in force during the term of this Agreement, at the School’s <br />own cost and expense, the policies of insurance described herein with companies authorized to <br />do business in the State of Washington, which are rated at least “A-” or better and with a <br />numerical rating of no less than 7, by A. M. Best company and which are acceptable to the City. <br />b) The School shall procure and maintain a Commercial General Liability Insurance on an <br />occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 <br />in the annual aggregate, including but not limited to premises/operations (including off-site <br />operations), blanket contractual liability and broad form property damage, all in a form <br />acceptable to the City. The School agrees to provide at least thirty (30) days’ notice prior to <br />cancellation of any of the insurance requirements set forth above. <br />c) The School shall procure and maintain fire and casualty insurance covering the School’s contents <br />of any storage facilities at the School’s own cost. Proof of this insurance shall be promptly <br />provided to the City Attorney. The School shall give the City at least thirty (30) days written <br />notice of cancellation of the insurance referenced above. <br />d) The policies shall provide that they shall not be canceled or materially changed without thirty <br />(30) days prior written notice to the City. No cancellation provision in any insurance policy shall <br />be construed in derogation of the continuous duty of the School to furnish the required <br />insurance during the terms of this Agreement. <br />e) Upon written request by the City, the School 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 <br />original. <br />f) Prior to any activity pursuant to this Agreement, the School shall provide the City with a <br />Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance <br />together with an Additional Insured Endorsement naming the City of Everett and their officers, <br />employees, and agents as additional insureds. Both the Certificate of Insurance and Additional <br />Insured Endorsement will be on forms acceptable to the City. Receipt by the City of any <br />certificate showing less coverage than required is not a waiver of the School’s obligations to <br />fulfill the requirements. <br />g) The insurance policies identified in this Section 12 will be primary as to the City, any other <br />insurance maintained by the City shall be excess and not contributing insurance with the <br />School’s insurance. The additional Insured Endorsement required under subsection f) of this <br />Section 12 must include a statement that such insurance will apply as primary insurance on <br />behalf such additional insureds (such additional insureds include the City of Everett and their <br />officers, employees, and agents). <br />13. INDEMNIFICATION <br />The School hereby agrees to save the City and their officers, employees and agents (each such person, <br />an “Indemnitee”) harmless and indemnify them from all loss, claims, or damage occasioned to an <br />Indemnitee or to any third person or property by reason of any act or omission of the School, its officers, <br />members, employees, subcontractors, third persons or agents which arises, directly or indirectly, as a <br />result of or in connection with this Agreement, and shall, after reasonable notice thereof, defend and <br />pay the expense of defending any claim or suit which may be commenced against an Indemnitee <br />alleging injuries to person and/or damage to property by reason of such act or omission and will pay any <br />judgment which may be obtained against an Indemnitee in such suit. Nothing herein shall require the <br />School to indemnify and hold harmless an Indemnitee from claims, demands, damages, expenses, or