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5. Liquor Liability Insurance in an amount not less than $1,000,000 per <br /> occurrence and not less than$1,000,000 in the aggregate. <br /> B. The above liability policies shall be primary as to the City and shall contain a <br /> provision that the policy shall not be cancelled or materially changed without thirty(30) days <br /> prior written notice to City. No cancellation provision in any insurance policy shall be <br /> construed in derogation of the continuous duty of Theatre to furnish the required insurance <br /> during the term of this Agreement. <br /> C. Upon written request by City, the insurer or its agent will furnish, prior to or <br /> during any work being performed under this Agreement, a copy of any policy cited above, <br /> certified to be a true and complete copy of the original. <br /> D. Prior to the Theatre performing any work under this Agreement, the Theatre shall <br /> provide City with a Certificate of Insurance acceptable to City Attorney evidencing the above <br /> required insurance. Theatre shall provide the City with either(1) a true copy of an endorsement <br /> naming the City of Everett, its officers, employees and agents as Additional Insureds on the <br /> Commercial General Liability Insurance policy and the Business Automobile Liability Insurance <br /> policy with respect to the operations performed and services provided under this Agreement and <br /> that such insurance shall apply as primary insurance on behalf of such Additional Insureds or(2) <br /> a true copy of the blanket additional insured clause from the policies. Receipt by City of any <br /> certificate showing less coverage than required is not a waiver of Theatre's obligation to fulfill <br /> the requirements. <br /> E. Theatre certifies that it is aware of the provisions of Title 51 of the Revised <br /> Code of Washington that requires every employer to be insured against liability of Workers' <br /> Compensation or to undertake self-insurance in accordance with the provisions of that Title. <br /> Theatre shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the performance of work under this Agreement. Theatre shall provide <br /> City with evidence of Workers' Compensation Insurance (or evidence of qualified self- <br /> insurance)before any work is commenced under this Agreement. <br /> F. In case of the breach of any provision of this section, City may, at its option <br /> and with no obligation to do so, provide and maintain at the expense of Theatre such types of <br /> insurance in the name of Theatre, and with such insurers, as City may deem proper, and may <br /> deduct the cost of providing and maintaining such insurance from any sums which may be <br /> found or become due to Theatre under this Agreement, or may demand Theatre to promptly <br /> reimburse City for such cost. <br /> VIII. INDEMNIFICATION <br /> Except as otherwise provided in this Section, Theatre hereby agrees to defend and <br /> indemnify the City from any and all Claims arising out of, in connection with, or incident to any <br /> negligent or intentional acts, errors, omissions, or conduct by Theatre(or its employees, agents, <br /> representatives or subcontractors/subconsultants)relating to this Agreement, whether such <br /> Claims sound in contract,tort, or any other legal theory. Theatre is obligated to defend and <br /> indemnify the City pursuant to this Section whether a Claim is asserted directly against the City, <br /> EVERETT/VILLAGE THEATRE AGREEMENT Page 7 of 10 <br />