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<br />doors, windows, walls, flooring, ceilings, cabinets, mirrors, fixtures (the “Interior
<br />Damage”). Owner hereby waives any and all claims related to the above-described
<br />Interior Damage to the Damage Area caused by Operator in the Damage Area, and shall
<br />not seek reimbursement or recovery for the above-described authorized damage caused
<br />in any forum or in any manner. Notwithstanding the foregoing, Owner needs to be able
<br />to lock and secure the building after the Event; therefore, Operator shall not cause
<br />damage to exterior doors, windows, or walls which would prevent Owner’s ability to
<br />secure the building.
<br />3.INSURANCE. Operator shall, at its own expense, maintain until after the Event Date, a
<br />comprehensive general liability policy covering all claims for personal injury (including
<br />death) and property damage (including all of Operator’s real and personal property
<br />located on the Property) arising on the Property as a result of, or arising out of, the Event
<br />issued on a claims occurrence basis. The limits of liability shall be not less than Two
<br />Million Dollars ($2,000,000.00) for each occurrence and in the aggregate unless the
<br />Operator requests, and Port approves in writing, a lesser liability limit. The foregoing
<br />insurance policy shall name Port as an additional named insured by way of a policy
<br />endorsement. Operator shall provide certificates of insurance and, if requested, copies
<br />of any policy to Port. Receipt of such certificate or policy by Port does not constitute
<br />approval by Port of the terms of such policy. Furthermore, the policy of insurance
<br />required herein shall (i) be written as a primary policy; (ii) expressly provide that such
<br />insurance may not be materially changed, amended, or canceled with respect to Port
<br />except upon forty-five (45) days' prior written notice from the insurance company to Port;
<br />(iii) contain an express waiver of any right of subrogation by the insurance company
<br />against Port and Port’s elected officials, employees, or agents; (iv) expressly provide that
<br />the defense and indemnification of the Port as an “additional insured” will not be affected
<br />by any act or omission by Operator which might otherwise result in a forfeiture of said
<br />insurance; (v) contain a separation of insureds provision such that the policy applies
<br />separately to each insured that is subject of a claim or suit; (vi) not contain a cross-claim,
<br />cross-suit, or other exclusion that eliminates coverage by one insured against another;
<br />and (vii) provide for coverage for damage to the Port’s property caused by the Operator.
<br />In the alternative, the Operator may fulfill the insurance obligations contained herein by
<br />maintaining membership in a joint self-insurance program authorized by RCW 48.62;
<br />provided that such program provides coverage that meets the requirements set forth in
<br />this Agreement.
<br />4.INDEMNIFICATION AND HOLD HARMLESS: The Operator agrees that it will defend
<br />(with legal counsel acceptable to the Port), indemnify, and hold harmless the Port, its
<br />officers, employees, and agents from any and all demands, claims, judgments, or
<br />liability for loss or damage arising as a result of accidents, injuries, or other occurrences
<br />on the Property or other property owned by the Port (i) occasioned by either the
<br />negligent or willful conduct of the Operator or its agents, guests, or invitees; or (ii) made
<br />by any person or entity holding under the Operator, or any person or entity on the
<br />Property or on other property owned by Port as a result of Operator’s Event, regardless
<br />of who the injured party may be.
<br />A.LIMITED WAIVER OF IMMUNITY UNDER WASHINGTON STATE
<br />INDUSTRIAL INSURANCE ACT, TITLE 51 RCW, AND OTHER SIMILAR
<br />INDUSTRIAL INSURANCE SCHEMES: For purposes of the foregoing indemnification
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