MATCH POINT TENNIS ACADEMY, LLC.

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C. Workers Compensation and Employers' Liability, Workers Compensation and Employers' Liability insurance or qualified self-insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. D. Additional Insured Endorsement. The City also requires an Additional Insured Endorsement, in substantially the same fonn as Exhibit D. The policy shall name City, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any City insurance coverage which may be applicable to the Facilities and Concessionaire's Facilities shall be deemed excess coverage and that Concessionaire's insurance shall be primary. Concessionaire is required to give the City no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Concessionaire to furnish insurance during the term of this Agreement. E. Provision of Policies, Prior to execution of this Agreement, Concessionaire shall furnish to City certificates of insurance and additional insured endorsements to each of Concessionaire's insurance policies, on a form approved by the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: i. provide the name and policy number of each carrier and policy; ii. state that the policy is currently in force; and iii. promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of City; and iv. Concessionaire shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. v. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Concessionaire shall provide within fifteen (15) days of City's request. 7.2 INDEMNIFICATION 7.2.1 Indemnification, Defense, Hold Harmless. Concessionaire shall protect, defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Concessionaire's performance of this Agreement or Concessionaire's failure to comply with any of Concessionaire's obligations contained in this Agreement by Concessionaire, its officers, agents or it