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4 <br /> XXXV. OVERPAYMENTS AND ASSERTION OF LIEN <br /> In the event that the County establishes that overpayments or erroneous payments have <br /> been made to the Agency under any Contract, the County may secure repayment, plus <br /> interest, if any, through the filing of a lien against the Agency's real property, or by <br /> requiring the posting of a bond, assignment of deposit, or some other form of security <br /> acceptable to the County, or by doing both. <br /> XXXVI. INSURANCE <br /> A. By the date of execution of any Contract, the Agency shall procure and maintain for <br /> the duration of any Contract, insurance against claims for injuries to persons or <br /> damages to property which may arise from, or in connection with, the performance of <br /> work hereunder by the Agency, its agents, representatives, employees, and/or <br /> subagencies. The costs of such insurance shall be paid by the Agency or <br /> subagencies. The Agency may furnish separate certificates of insurance and policy <br /> endorsements for each subagency as evidence of compliance with the insurance <br /> requirements of this Agreement and any Contract. The Agency is responsible for <br /> ensuring compliance with all of the insurance requirements stated herein. Failure by <br /> the Agency, its agents, employees, officers, and or subagencies to comply with the <br /> insurance requirements stated herein shall constitute a material breach of any <br /> Contract. <br /> For all coverages, each insurance policy shall be written on an "occurrence" form; <br /> except that insurance on a "claims made" form may be acceptable with prior County <br /> approval. <br /> If coverage is approved and purchased on a"claims made"basis,the Agency warrants <br /> continuation of coverage, either through policy renewals or the purchase of an <br /> extended discovery period, if such extended coverage is available, for not less than <br /> three years from the date any Contract termination, and/or conversion from a "claims <br /> made"form to an "occurrence" coverage form. <br /> By requiring such minimum insurance, the County shall not be deemed or construed <br /> to have assessed the risks that may be applicable to the Agency under any Contract. <br /> The Agency shall assess its own risks and, if it deems appropriate and/or prudent, <br /> maintain greater limits and/or broader coverage. <br /> Nothing contained within these insurance requirements shall be deemed to limit the <br /> scope, application and/or limits of the coverage afforded by said policies, which <br /> coverage will apply to each insured to the full extent provided by the terms and <br /> conditions of the policy(s). Nothing contained within this provision shall affect and/or <br /> alter the application of any other provision contained within this Agreement or any <br /> Contract. <br /> B. Minimum Scope of Insurance <br /> Coverage shall be at least as broad as: <br /> 1. General Liability: Insurance Services Office form number (CG 00 01) covering <br /> COMMERCIAL GENERAL LIABILITY. <br /> Basic Terms and Conditions Agreement <br /> City of Everett <br /> HSD-2018-101-198 <br /> Page 21 of 31 <br /> 46 <br />