2004/03/10 Council Agenda Packet

4 A. Commercial General Liability Insurance, including products and completed operations, and sports events coverage, for property damage and bodily injury liability with limits not less that $1,000.000 per occurrence and $2,000,000 in the annual aggregate. Prior to any performance pursuant to the Agreement, the Association shall provide the City with a Certificate of Insurance describing the policies, issuers, policy numbers and policy limits and an endorsement naming the City, its officers, employees and agents, as an Additional Insured in a form acceptable to the City Attorney and upon request shall provide a certified copy of the insurance policy or policies. Waiver of any of the above-referenced insurance requirements shall be made only after written approval by the City Attorney. The Association agrees to provide at least thirty (30) days notice prior to cancellation of any of the insurance requirements set forth above. Q. Fire and casualty insurance covering the contents of the shellhouse at the Association's own cost. Proof of said insurance shall be promptly provided to the • City Attorney. The Association'shall give the City at least thirty (30) days written notice of cancellation of the insurance referenced above. C. Maintain USRA Rowing Insurance in good standing or its equivalent as approved by the City. 6. l-fold Harmless. Each party agrees to defend, indemnify and hold the other party harmless from and against any and all claims and liabilities arising out of its performance of or breach of this agreement. 7. Modification. This Agreement may be modified only by a mutual agreement of the parties in writing. 8. Duration. The duration of this Agreement shall be from the date first above written through December 31, 2007. The parties will also meet annually for a review between November 1 and December 30 by the Parks Director or his/her designee and Everett Rowing Association President or his or her designee and others as agreed upon by both parties. 9. Termination. Either party may terminate this Agreement at any time with or without cause by giving thirty (30) days written notice of said termination and specifying the effective date. 10. Entire Agreement. This Agreement shall constitute the entire agreement of the parties and no other written, oral or other understanding involving activities pursuant to the Agreement shall be binding on either party: Provided, however that any change(s)hereto duly executed by both parties shall be incorporated in written amendments to this Agreement. 10