2006/12/06 Council Agenda Packet

I 4.0 Changes 4.1 This Agreement may be modified by mutual agreement of the Participating Entities. No such amendment shall be effective until it is reduced to writing and signed by all Participating Entities with the same formality as this Agreement. 4.2 The fund custodian and regular in-service site may be changed by the majority agreement of the Participating Entities without modifying this Agreement, but with reasonable notice to all Participating Entities. 5.0 Waiver No waiver by any party of any term of condition of this Agreement shall be deemed or construed as a wavier of any other term of condition, nor shall a wavier of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement. 6.0 Allocation of Liability/ Insurance 6.1 Each Participating Entity shall be responsible for the conduct and liability of its own personnel in the performance of this Agreement. Each Participating Entity shall maintain appropriate insurance coverage for the activities occurring under this Agreement, including but not limited to personal injury, death and property damage limits of not less than $1,000,000 (one million dollars) per occurrence, or provide proof of participating in an insurance pool providing equivalent or greater coverage acceptable to the city. 6.2 This Section 6 shall survive termination of this Agreement. 7.0 Legal Requirements The Participating Entities shall comply with all applicable federal, state and local laws in performing this Agreement. 8.0 Termination 10