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5 • <br /> be written on a claims made basis. If both parties agree that the Work does not warrant <br /> Contractor providing Professional Errors and Omissions Insurance, this paragraph may be <br /> stricken and initialed by both parties. <br /> B. The above liability policies shall contain a provision that the policy shall not be <br /> canceled or materially changed without 30 days prior written notice to the City. No cancellation <br /> provision in any insurance policy shall be construed in derogation of the continuous duty of the <br /> Contractor to furnish the required insurance during the term of this Agreement. <br /> C. Upon written request by the City, the insurer or his/her agent will furnish, prior to or <br /> during any Work being performed, a copy of any policy cited above, certified to be a true and <br /> complete copy of the original. <br /> D. Prior to the Contractor performing any Work, Contractor shall provide the City with a <br /> Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. <br /> Contractor shall provide the City with either (1) a true copy of an endorsement naming the City <br /> of Everett, its officers, employees and agents as Additional Insureds on the Commercial General <br /> Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to <br /> the operations performed and services provided under this Agreement and that such insurance <br /> shall 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 Contractor's obligations to fulfill the <br /> requirements. <br /> E. If the policy listed in paragraph 11.A.4. above, Professional Errors and Omissions <br /> Insurance, is on a claims made policy form, the retroactive date on the policy shall be the <br /> effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such <br /> policy shall be the same as the original policy provided. The extended reporting or discovery <br /> period on a claims made policy form shall not be less than 36 months following expiration of the <br /> policy. (This paragraph shall not apply if paragraph 11.A.4. above is stricken.) <br /> F. Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of <br /> Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Contractor shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the performance of the Work. Contractor shall provide the City with <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br /> any Work is commenced. <br /> G. In case of the breach of any provision of this section, the City may, at its option and <br /> with no obligation to do so, provide and maintain at the expense of Contractor, such types of <br /> insurance in the name of the Contractor, and with such insurers, as the City may deem proper, <br /> and may deduct the cost of providing and maintaining such insurance from any sums which may <br /> be found or become due to Contractor under this Agreement or may demand Contractor to <br /> promptly reimburse the City for such cost. <br /> 18 <br />