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2018/05/09 Council Agenda Packet
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2018/05/09 Council Agenda Packet
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Council Agenda Packet
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5/9/2018
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to persons or damages to property caused by or resulting from the concurrent negligence <br /> of the YMCA and the City, their respective officers, officials, employees, agents and <br /> volunteers, the respective parties' liabilities hereunder shall be only to the extent of the <br /> respective parties' negligence. <br /> IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT <br /> THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE YMCA'S <br /> WAIVER AND THE CITY'S WAIVER OF IMMUNITY UNDER THE INDUSTRIAL <br /> INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS <br /> INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY <br /> HAVE MUTUALLY NEGOTIATED THIS WAIVER. THE PARTIES' WAIVER OF <br /> I�TY UNDER THE PROVISION OF THIS SECTION DOES NOT INCLUDE, <br /> OR EXTEND TO, ANY CLAIM BY THE RESPECTIVE PARTIES' EMPLOYEES <br /> DIRECTLY AGAINST THAT PARTY. <br /> The provisions of this section shall survive the expiration or termination of this <br /> Agreement. <br /> 7. Insurance. <br /> a. Liability Insurance. The YMCA and the City will procure and <br /> maintain for the duration of this Agreement insurance against claims for injuries to <br /> persons or damage to property which may arise in connection with the respective parties' <br /> ownership,property development and property use. Before execution of this Agreement, <br /> and on every annual anniversary date of the execution of this Agreement,the parties will <br /> provide evidence, in a form acceptable to the other party, of the following insurance <br /> coverages and limits (at a minimum): <br /> (i) Business auto coverage for any auto no less than One <br /> Million Dollars ($1,000,000.00) each accident limited; and <br /> (ii) Commercial general liability insurance no less than One <br /> Million Dollars ($1,000,000.00) per occurrence with a Two Million Dollar <br /> ($2,000,000.00) aggregate. Coverage shall include but is not limited to, contractual <br /> liability, products and completed operations, property damage and employer's liability; <br /> and <br /> (iii) Products/completed operations liability in the amount of <br /> One Million Dollars ($1,000,000.00) per occurrence with a Two Million Dollar <br /> 9 <br /> 53 <br />
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