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2 <br /> If a claim or action arises,the City or any other indemnified party shall promptly tender the defense <br /> of the claim to Grantee, which defense shall be at Grantee's expense. The City may participate in <br /> the defense of a claim and, in any event, Grantee may not agree to any settlement of claims <br /> affecting the City without the City's approval. <br /> 6.1.5. Non-waiver <br /> The fact that Grantee carries out any activities under this Franchise through independent contractors <br /> shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification <br /> under this subsection. <br /> • <br /> 6.1.6. expenses <br /> Grantee shall pay all expenses incurred by the City in defending itself with regard to any action, suit <br /> or proceeding indemnified by Grantee. The City's expenses shall include all out-of-pocket <br /> expenses, such as consultants' fees, and shall also include the reasonable value of any services <br /> rendered by the City Attorney or his/her assistants or any employees of the City or its agents. <br /> 6.2. insurance <br /> A. Grantee shall maintain in full force and effect at its own cost and expense each of the following <br /> policies of insurance: <br /> (1) 1. Workers' Compensation Insurance as required by Washington law and Employer's <br /> Liability Insurance with limits not less than $1,000,000 per occurrence. If the City <br /> authorizes sublet work, the Service Provider shall require each subcontractor to provide <br /> Workers' Compensation Insurance for its employees, unless the Service Provider covers <br /> such employees. <br /> (2) Commercial General Liability Insurance on an occurrence basis in an amount not less <br /> than $2,000,000 per occurrence and at least$5,000,000 in the annual aggregate,including <br /> but not limited to:,premises/operations (including off-site operations), blanket contractual <br /> liability and broad form property damage. <br /> (3) Business Automobile Liability Insurance in an amount not less than $1,000,000 per <br /> occurrence, extending to any automobile. A statement certifying that no vehicle will be <br /> used in accomplishing this Agreement may be substituted for this insurance requirement. <br /> B. Each policy shall provide that the insurance shall not be canceled or materially changed so as to <br /> be out of compliance with these requirements without forty-five (45) days' written notice first <br /> provided to the City,via certified mail, and ten(10) days'notice for nonpayment of premium. Utile <br /> insurance is canceled or materially altered so as to be out of compliance with the requirements of <br /> this subsection within the tem of this Franchise, Grantee shall provide a replacement policy. <br /> Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least the amounts <br /> 13 of 31 <br /> 14 <br />