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special damages, or punitive damages or infringement or misappropriation of any patent, <br />copyright, trade secret, or other proprietary right. If, and to the extent, EGM employs or <br />engages subconsultants or subcontractors, then EGM shall ensure that each such <br />subconsultant and subcontractor (and subsequent tiers of subconsultants and <br />subcontractors) shall expressly agree to defend and indemnify and save harmless the City <br />and County to the extent and on the same terms and conditions as EGM pursuant to this <br />Section. The provisions of this Section shall survive the expiration or termination of this <br />Agreement. <br />VII.INSURANCE <br />A.EGM shall comply with the following conditions and procure and keep in force from <br />the Closing until the Restrictive Covenant End Date, at EGM's own cost and <br />expense, the policies of insurance as set forth hereunder with companies <br />authorized to do business in the State of Washington, which are rated at least "A-" <br />or better and with a numerical rating of no less than seven (7), by A.M. Best <br />Company and which are acceptable to the City. <br />1.Workers' Compensation Insurance as required by Washington law and <br />Employer's Liability Insurance with limits not less than $1,000,000 per <br />occurrence. If the City authorizes sublet work, EGM shall require each <br />subcontractor to provide Workers' Compensation ln�urance for its <br />employees, unless EGM covers such employees. <br />2.Commercial General Liability Insurance on an occurrence basis in an amount <br />not less than $1,000,000 per occurrence and at least $2,000,000 in the annual <br />aggregate, including but not limited to: premises/operations (including off­ <br />site operations), blanket contractual liability and broad form property <br />damage. <br />3.Business Automobile Liability Insurance in an amount not less than <br />$1,000,000 per occurrence, extending to any automobile. <br />4.Property Insurance in the amount not less than the full replacement cost for <br />all improvements on the Project Property. <br />B.The above liability policies shall be primary as to the City and shall contain a provision <br />that the policy shall not be canceled or materially changed without 30 days prior <br />written notice to the City. No cancellation provision in any insurance policy shall be <br />construed in derogation of the continuous duty of EGM to furnish the required <br />insurance during the term of this Agreement. <br />C.Upon written request by the City, the insurer or its agent will furnish, prior to or during <br />any Work being. performed, a copy of any policy cited above, certified to be a true and <br />complete copy of the original. <br />D.Prior to EGM performing any Work, EGM shall provide the City or the City's designee <br />with a Certificate of Insurance acceptable to the City Attorney evidencing the required <br />insurance. EGM shall provide the City or the City's designee with either (1) a true copy <br />of an endorsement naming the City of Everett, its officers, employees, agents and <br />volunteers as Additional Insureds on the Commercial General Liability Insurance policy <br />and the Business Automobile Liability Insurance policy with respect to the operations <br />performed and services provided under this Agreement and that such insurance shall <br />9