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Theatre's employees while engaged in any of the work or service required to be performed by <br /> this Agreement, shall be the sole obligation and responsibility of Theatre. <br /> C. Theatre shall comply with all applicable provisions of the Fair Labor <br /> Standards Act and other legislation affecting its employees and the rules and regulations <br /> issued thereunder insofar as applicable to its employees, and shall at all times save City free, <br /> clear and harmless from all actions, claims, demands and expenses arising under said Act, <br /> and such rules and regulations that are or may be promulgated in connection therewith. <br /> D. Theatre assumes full responsibility for the payment of all payroll taxes,use, <br /> sales, income, or other form of taxes (such as state and City business and occupation taxes), <br /> fees, licenses, excises or payments required by any City, federal or state legislation which are <br /> now or may during the term of this Agreement be enacted as to all persons employed by <br /> Theatre and as to all duties, activities and requirements by Theatre in performance of the <br /> work under this Agreement and Theatre shall assume exclusive liability therefor, and meet all <br /> requirements thereunder pursuant to any rules or regulations that are now or may be <br /> promulgated in connection therewith. <br /> VII. INSURANCE <br /> A. Theatre shall comply with the following conditions and procure and keep in <br /> force during the term of this Agreement, at Theatre's own cost and expense, the following <br /> policies of insurance with companies authorized to do business in the State of Washington, <br /> which are rated at least"A" or better and with a numerical rating of no less than seven(7)by <br /> A. M. Best Company, and which are acceptable to City: <br /> 1. Workers' Compensation Insurance as required by Washington law and <br /> Employer's Liability Insurance with limits not less than$1,000,000 per occurrence. If City <br /> authorizes sublet work, Theatre shall require each subcontractor to provide Workers' <br /> Compensation Insurance for its employees,unless the Theatre covers such employees. <br /> 2. Commercial General Liability Insurance on an occurrence basis in an <br /> amount not less than$1,000,000 per occurrence and at least$3,000,000 in the annual <br /> aggregate, including but not limited to: premises/operations (including off-site operations), <br /> blanket contractual liability,broad form property damage, copyright infringement and <br /> defamation. <br /> 3. Business Automobile Liability Insurance in an amount not less than <br /> $1,000,000 per occurrence, extending to any automobile. A statement certifying that no <br /> vehicle will be used in accomplishing this Agreement may be substituted for this insurance <br /> requirement. <br /> 4. Property damage insurance covering the Center and Center personal <br /> property of not less than $1,000,000 in the aggregate. <br /> EVERETT/VILLAGE THEATRE AGREEMENT Page 6 of 10 <br />