Laserfiche WebLink
of Everett and the Everett School District and their officers, employees and agents as additional <br /> insureds. Both the Certificate of Insurance and Additional Insured Endorsement will be on forms <br /> acceptable to the City and the Everett School District. Receipt by the City of any certificate <br /> showing less coverage than required is not a waiver of the League's obligations to fulfill the <br /> requirements. <br /> g) The insurance policies identified in this Section 13 will be primary as to the City and the Everett <br /> School District, any other insurance maintained by the City or the Everett School District shall be <br /> excess and not contributing insurance with the League's insurance. The additional Insured <br /> Endorsement required under subsection f) of this Section 13 must include a statement that such <br /> insurance will apply as primary insurance on behalf such additional insureds(such additional <br /> insureds include the City of Everett and the Everett School District and their officers, employees <br /> and agents). <br /> 14. INDEMNIFICATION <br /> The League hereby agrees to save the City and the Everett School District and their officers, employees <br /> and agents (each such person, an "Indemnitee") harmless and indemnify them from all loss, claims, or <br /> damage occasioned to an Indemnitee or to any third person or property by reason of any act or <br /> omission of the League, its officers, members, employees, subcontractors, third persons or agents which <br /> arises, directly or indirectly, as a result of or in connection with this Agreement, and shall, after <br /> reasonable notice thereof, defend and pay the expense of defending any claim or suit which may be <br /> commenced against an Indemnitee alleging injuries to person and/or damage to property by reason of <br /> such act or omission and will pay any judgment which may be obtained against an Indemnitee in such <br /> suit. Nothing herein shall require the League to indemnify and hold harmless an Indemnitee from claims, <br /> demands, damages, expenses or suits caused solely by the negligence or willful misconduct of such <br /> Indemnitee. <br /> 15. BREACH <br /> If either party to this Agreement believes that the other party(the "Breaching Party") has breached this <br /> Agreement, it shall give written notice of the breach to the Breaching Party, and the Breaching Party <br /> shall, except in the case of a failure to insure, have ten (10) days to cure such breach. If the Breaching <br /> Party does not cure the breach within such ten (10) days, the non-breaching party may terminate this <br /> Agreement on three (3) days written notice of such termination to the Breaching Party. Such <br /> termination shall be cumulative of and in addition to any and all other remedies a party may have at law <br /> or in equity. <br /> 16. TERMINATION OF CONTRACT <br /> The City may terminate this Agreement, without any liability whatsoever to the League, at any time, and <br /> for any reason, upon not less than twenty (20) days written notice to the League. Notice shall be <br /> deemed effective upon either(a) the second day following deposit in the United States Mail to Seattle <br /> Sports Leagues Inc. DBA Underdog Sports Leagues 426 Yale Ave North Seattle, WA 98109, postage <br /> prepaid, certified or registered mail, return receipt requested, or(b) delivery.This provision shall not <br /> prevent the City from seeking any legal remedies it may have for the violation or non-performance of <br /> any of the provisions of this agreement. <br /> Underdog Sports—Reviewed by Legal 8/13 5 <br />