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<br /> F. Acceptability of Insurers. Insurance to be provided by Consultant shall be with insurers
<br /> with a current A.M.Best rating of no less than A:VII, or if not rated by Best, with minimum
<br /> surpluses the equivalent of Best VII rating.
<br /> G. Verification of Coverage. In signing this agreement, the Consultant is acknowledging and
<br /> representing that required insurance is active'and current. Consultant shall furnish the
<br /> City with original certificates and a copy of the amendatory endorsements, including but
<br /> not necessarily limited to the additional insured endorsement, evidencing the insurance
<br /> requirements of the Consultant before commencement of the work. Further, throughout
<br /> the term of this Agreement, the Consultant shall provide the City with proof of insurance
<br /> upon request by the City.
<br /> H. Insurance shall be Primary-Other Insurance Provision. The Consultant's insurance
<br /> coverage shall be primary insurance as respect the City. The Consultant's Automobile
<br /> Liability and Commercial General Liability insurance policies are to contain, or be
<br /> endorsed to contain that they shall be primary insurance as respect the City. Any
<br /> Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be
<br /> excess of the Consultant's insurance and shall not contribute with it.
<br /> (. Claims-made Basis. Unless approved by the City all insurance policies shall be written
<br /> on an"Occurrence"policy as opposed to a"Claims-made" policy. The City may require
<br /> an extended reporting endorsement on any approved "Claims-made" policy.
<br /> J. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
<br /> insurance as required shall constitute a material breach of contract, upon which the City
<br /> may, after giving five business days' notice to the Consultant to correct the breach,
<br /> immediately terminate the contract or, at its discretion, procure or renew such insurance
<br /> and pay any and all premiums in connection therewith,with any sums so expended to be
<br /> repaid to the City on demand, or at the sole discretion of the City, offset against funds
<br /> due the Consultant from the City.
<br /> 7. Indemnification.
<br /> The District shall protect, save harmless, indemnify and defend the City its elected officials,
<br /> officers, employees and agents, from and against any loss or claim for damages of any nature
<br /> whatsoever, including claims by third parties or District employees against which it would
<br /> otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the
<br /> District in performance of this Agreement, its elected or appointed officials, officers, employees or
<br /> agents, except to the extent the loss or claim is attributable to the negligence or willful
<br /> misconduct of the City, its elected officials, officers, employees or agents.
<br /> The City shall protect, save harmless, indemnify and defend the District, its elected and
<br /> appointed officials, officers, employees and agents from and against any loss or claim for
<br /> damages of any nature whatsoever, including claims by third parties or City employees against
<br /> which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or
<br /> omission of the City in performance of this Agreement, its elected or appointed officials, officers,
<br /> employees or agents, except to the extent the loss or claim is attributable to the negligence or
<br /> willful misconduct of the County, its elected or appointed officials, officers, employees or agents.
<br /> 8. . Notices.
<br /> Any notice/payment to be given to the District under this Agreement shall be either mailed or
<br /> personally delivered to:
<br /> Snohomish Health District
<br /> 3020 Rucker Avenue, Ste 306
<br /> Everett,WA 98201
<br /> ILA SHD EVERETT PER CAPITA 4 of 6
<br /> SHD-16-011/ILA SHD Per Capita draft 11-29-2016 9
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