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1 3 <br /> C. Upon written request by the City,the insurer or his/her agent will furnish, prior to or during any <br /> Work being performed, a copy of any policy cited above, certified to be a true and complete <br /> copy of the original. <br /> D. Prior to the Museum performing any Work,Museum shall provide the City with a Certificate of <br /> Insurance acceptable to the City Attorney evidencing the required insurance. Museum shall <br /> provide the City with either(1) a true copy of an endorsement naming the City of Everett,its <br /> officers, employees and agents as Additional Insureds on the Commercial General Liability <br /> Insurance policy and the Business Automobile Liability Insurance policy with respect to the <br /> operations performed and services provided under this Agreement and that such insurance shall <br /> apply as primary insurance on behalf of such Additional Insureds or(2)a true copy of the <br /> blanket additional insured clause from the policies. Receipt by the City of any certificate <br /> showing less coverage than required is not a waiver of the Museum's obligations to fulfill the <br /> requirements. <br /> E. Museum certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington <br /> that requires every employer to be insured against liability of Workers' Compensation, or to <br /> undertake self-insurance in accordance with the provisions of that Title. Museum shall comply <br /> with the provisions of Title 51 of the Revised Code of Washington before commencing the <br /> performance of the Work. Museum shall provide the City with evidence of Workers' <br /> Compensation Insurance(or evidence of qualified self-insurance) before any work is <br /> commenced. <br /> F. In case of the breach of any provision of this section,the City may, at its option and with no <br /> obligation to do so, provide and maintain at the expense of Museum,such types of insurance in <br /> the name of the Museum,and with such insurers,as the City may deem proper,and may deduct <br /> the cost of providing and maintaining such insurance from any sums which may be found or <br /> become due to Museum under this Agreement or may demand Museum to promptly reimburse <br /> the City such cost. <br /> VII. GOVERNING LAW AND VENUE <br /> The laws of the State of Washington shall govern this Agreement. Any lawsuit regarding this Agreement <br /> must be brought in the Superior Court of Snohomish County,Washington. <br /> VIII. RELATIONSHIP OF PARTIES <br /> The City and the Museum shall not be construed as joint ventures or general partners, and neither shall <br /> have the power to bind or obligate the other party. <br /> IX. NO THIRD PARTY RIGHTS <br /> The provisions of this Agreement are intended solely for the benefit of,and may only be enforced by, <br /> the parties hereto. None of the rights or obligations of the parties herein set forth is intended to confer <br /> any claim, cause of action, remedy, defense, legal justification, indemnity, contribution claim, set-off,or <br /> other right whatsoever upon or for the benefit of any third party. <br /> X. NOTICES <br /> 100 <br />