4312 RUCKER AVE CAMPFIRE 2018-01-02 MF Import

limited to, any and all losses, claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, general damages, special damages, or punitive damages. 7. Owner shall comply with the following conditions and procure and keep in force during the existence of the sign in the City's right of way. at Owner's own cost and expense, the following policies of insurance with companies authorized to do business in the State of Washington. which are rated at least "A" or better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are acceptable to the City. A. Workers' Compensation Insurance as required by Washington law and Emplover's Liability Insurance with limits not less than $1.000,000 per occurrence. If the City authorizes sublet work, the Contractor shall require each subcontractor to provide Workers' Compensation Insurance for its employees. unless the Contractor covers such employees. B. Commercial General Liability Insurance on an occurrence basis in an amount not less than $1.000.000 per occurrence and at least $2,000,000 in the anrrtal aggregate, including but not limited to: premises/operations (including off -site operations), blanket contractual liability and broad form property damage. The above liability policies shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Owner to furnish the required insurance. Upon written request by the City, the insurer or his/her agent will furnish. a copy of any policy cited above, certified to be a true and complete copy of the original. 8. The Owner shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the above -required insurance and naming the City of Everett, its officers, employees and agents as Additional Insureds on the Commercial General Liability Insurance policy with respect to the existence and location of the sign and that such insurance with respect to signage shall apply as primary insurance on behalf of such Additional Insureds. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Owner's obligations to fulfill these requirements. 9. If the insurance required by this Agreement is cancelled or materially changed or reduced. the Owner shall immediately remove the sign at its sole cost and expense. If it fails to do so. the City may. at its option and with no obligation to do so, remove the sign. The Owner shall promptly pay the City for the costs, expenses, and damages incurred in removal of the sign. 10. The Owner agrees that the rights and obligations of this Agreement are binding on its heirs. successors, and assigns and shall run with the land.