WA ST Dept of Natural Resources (DNR) 9/20/2016

express prior written consent of the other party.Neither party shall unreasonably withhold consent. 14.01 Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to his agreement. 15.01 Severability. The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 General Insurance. At all times during the term of this Agreement,the City shall, at its cost and expense,buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the agreement at DNR's option. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best' s Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by the DNR Risk Manager or in the absence of,the DNR Contracts Specialist,before the agreement is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. Before starting work,the City shall furnish DNR,with a certificate(s)of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements. The City shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each subcontractor. Subcontractor(s)must comply fully with all insurance requirements stated herein. Failure of subcontractor(s)to comply with insurance requirements does not limit the City's liability or responsibility. Said certificate(s) shall contain the Agreement number CA 93-094427, name of DNR Project Manager, a description, and include the State of Washington,DNR, its elected and appointed officials, agents, and employees as additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this agreement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by DNR. The City waives all rights against DNR for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Agreement. DNR shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. (1). Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance Commissioner): The insurer shall give DNR 45 days advance notice of cancellation or non-renewal. If cancellation is due to nonpayment of premium,the DNR shall be given 10 days advance notice of cancellation. 3 of 9 Agreement No.CA 93-094458_Everett