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1 City harmless from any and all losses, claims, actions, or
<br /> damages suffered by any person or persons by reason of or
<br /> 2 resulting from any negligence of the licensee or its agents,
<br /> employees, or patrons or on account of any act or omission of the
<br /> 3 licensee in its exercise or use or occupancy of the premises
<br /> licensed in accordance with this Chapter. In the event any suit
<br /> 4 or action is brought against the City, its officers, employees or
<br /> agents, the licensee shall , upon notice of the commencement
<br /> 5 thereof, defend the same, at no cost and expense to the City, its
<br /> officers, employees and agents, and promptly satisfy any final
<br /> 6 judgment adverse to the City, its officers, employees or agents,
<br /> or to the City, its officers, employees, or agents, and the
<br /> 7 licensee jointly; Provided, that in the event the City determines
<br /> that one or more principles of governmental or public law are
<br /> 8 involved, the City retains the right to participate in such
<br /> action. The above liability shall not be diminished by the fact,
<br /> 9 if it be a fact, that any such death, injury, damage, loss, cost,
<br /> or expense may have been, or may be alleged to have been,
<br /> 10 contributed to by the negligence of the City or its officers,
<br /> employees, or agents; Provided, however, that nothing contained
<br /> 11 in this Section shall be construed as requiring the licensee to
<br /> indemnify the City against liability for damages arising out of
<br /> 12 bodily injury to persons or damage to property caused by or
<br /> resulting from the sole negligence of the City or its officers,
<br /> 13 employees, or agents.
<br /> 14 B• As a condition precedent to obtaining a public dance hall
<br /> license for a teen dance and/or a young adult dance the licensee
<br /> 15 shall , at no expense to the City, secure and maintain during the
<br /> full term of this Agreement, general comprehensive liability
<br /> 16 insurance issued by one or more companies authorized to do
<br /> business in the State of Washington, which insurance shall be
<br /> 17 subject to the approval of the City Attorney as to company, form,
<br /> coverage, and which insurance must fully protect the City from
<br /> 18 any and all claims and risks in connection with any activity
<br /> performed by the licensee by virtue of this Chapter and provide
<br /> 10 the following minimum coverage:
<br /> 20 1 . $500,000 per person, per occurrence.
<br /> 21 2. $500,000 annual aggregate.
<br /> 22
<br /> Said policy must specifically name the City of Everett, its
<br /> 23 officers, employees, and agents, as an additional insured party
<br /> thereunder in the following manner:
<br /> 24
<br /> "The City of Everett, its officers, employees and agents
<br /> 25 are an additional insured for all coverages provided by
<br /> this policy of insurance and shall be fully and completely
<br /> 26 protected by this policy and for any claim, suit, injury,
<br /> death, damage or loss of any sort sustained by a person,
<br /> 27 organization or corporation in connection with any activity
<br /> upon or use or occupancy of establishments regulated by
<br /> 28 this Chapter.
<br /> 29 The coverages provided by this policy to the City of
<br /> Everett, its officers, employees or agents or any other
<br /> 30 named insured shall not be terminated, reduced, or
<br /> otherwise changed in any respect without providing at least
<br /> 31 thirty (30) days prior written notice to the City Clerk of
<br /> the City of Everett."
<br /> 32
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