. •
<br /> •
<br /> 1
<br /> 2 be and the same is hereby amended to read as follows:
<br /> 3 Section 15: INDEMNIFICATION.
<br /> 4 A. The licensee for a public dance hall license for a teen
<br /> 5 dance shall indemnify and hold the City harmless from any and all
<br /> losses, claims, actions, or damages suffered by any person or
<br /> 6 persons by reason of or resulting from any negligence of the
<br /> licensee or its agents, employees, or patrons or on account of
<br /> 7 any act or omission of the licensee in its exercise or use or
<br /> occupancy of the premises licensed in accordance with this
<br /> 8 Chapter. In the event any suit or action is brought against the
<br /> City, its officers, employees or agents, the licensee shall , upon
<br /> 9 notice of the commencement thereof, defend the same, at no cost
<br /> and expense to the City, its officers, employees and agents, and
<br /> 10 promptly satisfy any final judgment adverse to the City, its
<br /> officers, employees or agents , or to the City, its officers,
<br /> 11 employees, or agents, and the licensee jointly; Provided, that in
<br /> the event the City determines that one or more principles of
<br /> 12 governmental or public law are involved, the City retains the
<br /> right to participate in such action. The above liability shall
<br /> 13 not be diminished by the fact, if it be a fact, that any such
<br /> death, injury, damage, loss, cost, or expense may have been, or
<br /> 14 may be alleged to have been, contributed to by the negligence of
<br /> the City or its officers, employees, or agents; Provided,
<br /> 15 however, that nothing contained in this Section shall be
<br /> construed as requiring the licensee to indemnify the City against
<br /> 16 liability for damages arising out of bodily injury to persons or
<br /> damage to property caused by or resulting from the sole
<br /> 17 negligence of the City or its officers, employees, or agents.
<br /> 18 B. As a condition precedent to obtaining a public dance hall
<br /> license for a teen dance the licensee shall , at no expense to the
<br /> 19 City, secure and maintain during the full term of this Agreement,
<br /> general comprehensive liability insurance issued by one or more
<br /> 20 companies authorized to do business in the State of Washington,
<br /> which insurance shall be subject to the approval of the City
<br /> 21 Attorney as to company, form, coverage, and which insurance must
<br /> fully protect the City from any and all claims and risks in
<br /> 22 connection with any activity performed by the licensee by virtue
<br /> of this Chapter and provide the following minimum coverage:
<br /> 23
<br /> 1 . $500,000 per person, per occurrence.
<br /> 24 2. $500,000 annual aggregate.
<br /> 25
<br /> 26 Said policy must specifically name the City of Everett, its
<br /> officers, employees, and agents, as an additional insured party
<br /> 27 thereunder in the following manner:
<br /> 28 "The City of Everett, its officers, employees and agents
<br /> are an additional insured for all coverages provided by
<br /> 29 this policy of insurance and shall be fully and completely
<br /> protected by this policy and for any claim, suit, injury,
<br /> 30 death, damage or loss of any sort sustained by a person,
<br /> organization or corporation in connection with any activity
<br /> 31 upon or use or occupancy of establishments regulated by
<br /> this Chapter.
<br /> 32
<br /> 8
<br />
|