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6. Indemnification. The Contractor hereby agrees to defend and indemnify the City of <br /> Everett, its officers, employees and agents with respect to all claims, liabilities, suits or <br /> expenses (including attorneys fees and costs), arising out of any injury, damage, death or <br /> other loss in any way connected with Contractor's use/rental of the Forest Park Swim <br /> Center. This indemnification includes any losses claimed to be caused, in whole or in <br /> part, by the negligence of the City (but not its gross negligence or reckless misconduct) <br /> and includes claims for personal injury, property damage, wrongful death, products <br /> liability, breach of contract or otherwise. Contractor's duty to defend and indemnity the <br /> City is not limited by the amount of insurance required by this Agreement and does not <br /> depend upon the availability or cost of insurance. <br /> 7. Assignability. Contractor shall not assign this Agreement in whole or in part.and shall not <br /> transfer any interest in the same. <br /> 8. Insurance. Contractor shall comply with the following conditions and procure and keep in <br /> force during the term of this Agreement, at Contractor's own cost and expense, the <br /> following policies of insurance with companies authorized to do business in the State of <br /> 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 /> A. 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. If the City authorizes sublet work, the Contractor shall require each <br /> subcontractor to provide Workers' Compensation Insurance for its employees, <br /> unless the Contractor covers such employees. <br /> B. 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 /> aggregate, including but not limited to: premises/operations (including off-site <br /> operations), blanket contractual liability and broad form property damage. <br /> C. Business Automobile Liability Insurance in an amount not less than $1,000,000 <br /> per occurrence, extending to any automobile. A statement certifying that no <br /> vehicle will be used in accomplishing this Agreement may be substituted for this <br /> insurance requirement. <br /> D. Professional Errors and Omissions Insurance in an amount not less than <br /> $1,000,000 per occurrence and $1,000,000 in the annual aggregate. Such <br /> coverage may be written on a claims made basis. If both parties agree that the <br /> Work does not warrant Contractor providing Professional Errors and Omissions <br /> Insurance, this paragraph may be stricken and initialed by both parties. <br /> The above liability policies shall contain a provision that the policy shall not be canceled <br /> 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 <br /> of the Contractor to furnish the required insurance during the term of this Agreement. <br /> Upon written request by the City, the insurer or its agent will furnish, prior to or during <br /> any Work being performed, a copy of any policy cited above, certified to be a true and <br /> complete copy of the original. <br />