Everett Little League 12/18/2024

General Provisions - 1 EXHIBIT A GENERAL PROVISIONS 1. Athletic Facilities. Facility User may use certain Athletic Facilities as set forth in Exhibit B of this Agreement. Except as may be specifically otherwise provided in this Agreement, Facility User accepts the Athletic Facilities and their improvements in their “as is” condition. 2. Term. This Agreement shall commence as of the date of last signature on this Agreement. This Agreement will expire on the end date set forth in the Basic Provisions. 3. Agreement Termination. The City may terminate this Agreement, without any liability whatsoever to the Facility User, at any time, and for any reason, upon not less than twenty (20) days written notice to Facility User. This will not limit remedies the City may have for the violation or non-performance of any of the provisions of this Agreement. 4. Subletting/Assignment of Agreement. Facility User shall not sublet or assign this Agreement without the prior written consent of the City. 5. Indemnification. Facility User will save the City and its officers, employees and agents (each such person, an “Indemnitee”) harmless and indemnify them from and against any and all losses, claims, expenses (including without limitation attorneys’ fees), suits, or damage by reason of any act or omission of Facility User or its officers, members, employees, subcontractors, third persons or agents which arises, directly or indirectly, as a result of or in connection with this Agreement, and will, after reasonable notice thereof, defend and pay the expense of defending any claim or suit which may be commenced against an Indemnitee alleging injuries to person and/or damage to property by reason of such act or omission and will pay any judgment which may be obtained against an Indemnitee in such claim or suit. Nothing herein shall require Facility User to indemnify and hold harmless an Indemnitee from claims, demands, damages, expenses or suits caused solely by the negligence or willful misconduct of such Indemnitee. Facility User’s duty to defend and indemnify and save harmless pursuant to this Section is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of Facility User. Solely and expressly for the purpose of its duties to indemnify and defend and save harmless the City, Facility User specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. Facility User recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. The provisions of this Section shall survive the termination or expiration of this Agreement. 6. Insurance. A. Facility User shall comply with the following conditions and procure and keep in force during the term of this Agreement, at Facility User’s own cost and expense, the policies of insurance as set forth in this Section with companies authorized to do business in the State of Washington, which are rated at least “A-” or better and with a numerical rating of no less than five (5), by A.M. Best Company and which are acceptable to the City. 1. Commercial General Liability (CGL) Insurance on an occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. B. The City and its officers, employees and agents shall be “Additional Insureds” under the CGL policies. C. The above CGL policy shall be primary as to all Additional Insureds and shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to the City. No cancellation provision in any insurance policy shall be construed