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General Provisions - 2 <br />in derogation of the continuous duty of Facility User to furnish the required insurance during <br />the term of this Agreement. <br />D. Upon written request by the City, the insurer or its agent will furnish, prior to any use of any <br />Athletic Facility, a copy of any policy cited above, certified to be a true and complete copy of <br />the original. <br />E. Prior to Facility User use of any facilities under this Agreement, Facility User shall provide the <br />City or the City’s designee with a Certificate of Insurance acceptable to the City Attorney <br />evidencing the required insurance, including additional insured endorsements. Receipt by <br />the City or the City’s designee of any certificate showing less coverage than required is not a <br />waiver of Facility User’s obligations to fulfill the requirements of this Section. No statement <br />on a third-party website (such as a Trustlayer) that a requirement is “waived” or “overridden” <br />is a waiver of Facility User’s obligations to fulfill the requirements of this Section. <br />F. Facility User certifies that it is aware of the provisions of Title 51 of the Revised Code of <br />Washington that requires every employer to be insured against liability of Workers’ <br />Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br />Facility User shall comply with the provisions of Title 51 of the Revised Code of Washington <br />before commencing the performance of the Work. If requested by the City, Facility User shall <br />provide the City with evidence of Workers’ Compensation Insurance (or evidence of qualified <br />self-insurance). <br />7. Risk of Loss. Facility User shall be solely responsible for the safety of its employees, agents and <br />subcontractors in the use of the Athletic Facilities hereunder and shall take all protections <br />reasonably necessary for that purpose. All use shall be done at Facility User’s own risk, and Facility <br />User shall be solely responsible for any loss of or damage to Facility User’s materials, equipment, <br />or other items. <br />8. Independent Contractor. <br />A. This Agreement neither constitutes nor creates an employer-employee relationship. Facility <br />User must provide services under this Agreement as an independent contractor. Facility <br />User must comply with all federal and state laws and regulations applicable to independent <br />contractors including, but not limited to, the requirements listed in this Section. Facility User <br />agrees to indemnify and defend the City from and against any claims, valid or otherwise, <br />made against the City because of these obligations. <br />B. Any and all employees of Facility User, while engaged in the performance of any Work, shall <br />be considered employees of only Facility User and not employees of the City. Facility User <br />shall be solely liable for any and all claims that may or might arise under the Worker's <br />Compensation Act on behalf of such employees or Facility User, while so engaged and for <br />any and all claims made by a third party as a consequence of any negligent act or omission <br />on the part of Facility User's employees, while so engaged on any of the Work. <br />C. Facility User shall comply with all applicable provisions of the Fair Labor Standards Act and <br />other legislation affecting its employees and the rules and regulations issued thereunder <br />insofar as applicable to its employees and shall at all times save the City free, clear and <br />harmless from all actions, claims, demands and expenses arising out of such act, and rules <br />and regulations that are or may be promulgated in connection therewith. <br />D. Facility User assumes full responsibility for the payment of all payroll taxes, use, sales, <br />income, or other form of taxes (such as state and, city business and occupation taxes), fees, <br />licenses, excises or payments required by any city, federal or state legislation which are now <br />or may during the term of the Agreement be enacted as to all persons employed by Facility <br />User and as to all duties, activities and requirements by Facility User in performance of the <br />Work and Facility User shall assume exclusive liability therefor, and meet all requirements