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0 <br /> 5.2 Without Cause <br /> Either party may terminate this Agreement with or without cause on thirty (30) calendar days' <br /> written notice to the other party. Termination does not waive, release, or forego any legal <br /> remedy for any violation,breach, or non-performance of any of the provision of this Agreement. <br /> 6. RISK MANAGEMENT <br /> 6.1 Indemnification <br /> Each party will defend and indemnify the other from third party claims damages,whether <br /> economic, bodily injury or property damage,to the extent of the indemnifying party's fault. C. <br /> As used in this section: (1)"City"includes the City's officers, employees, agents, and <br /> representatives; and (2) "Claims"include all losses, claims, demands, expenses (including,but <br /> not limited to, attorney's fees and litigation expenses), suits,judgments, or damage, whether <br /> threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or any <br /> other legal theory,whether such Claims have been reduced to judgment or arbitration award, <br /> irrespective of the type of relief sought or demanded (such as money or injunctive relief), and <br /> irrespective of the type of damage alleged (such as bodily injury, damage to property, economic <br /> loss, general damages, special damages, or punitive damages). The duty to defend and <br /> indemnify shall survive the expiration or termination of this Agreement. <br /> 6.2 Insurance <br /> 6.2.1 General <br /> Concessionaire will maintain commercial general liability,property damage, and product <br /> liability insurance that will provide coverage for claims, causes of action, or judgments for the <br /> injury or death of persons (including City officers and employees) and damage to property <br /> (including City property) that arise directly or indirectly from (i) any defect in equipment <br /> installed or maintained by Concessionaire; (ii) any adulterated Products/Services sold or supplied <br /> by Concessionaire; or(iii) from the intentional or negligent act or omission of Concessionaire or <br /> its officers, agents, or employees in the performance of this Agreement. Concessionaire shall <br /> procure and keep in force the policies described in this section at its own cost expense during the <br /> term of this Agreement. The policies must be issued by insurers authorized to do business in the <br /> State of Washington, which are rated at least"A" or better and with a numerical rating of no less <br /> than seven (7),by A.M. Best Company and which are acceptable to the City. <br /> 6.2.2 Policy Limits and Coverage <br /> Concessionaire shall obtain and maintain insurance policies with the following policy limits: <br /> 6.2.2.1 Workers' Compensation Insurance as required by Washington law and <br /> Employer's Liability Insurance with limits not less than $1,000,000 per <br /> occurrence. <br /> 6.2.2.2 Commercial General Liability Insurance on an occurrence basis in an amount not <br /> less than$1,000,000 per occurrence and at least $2,000,000 in the annual <br /> Page 5 <br />