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b. Insurance must be maintained and evidence of insurance must be <br />provided for at least five (5) years after completion of the contract of <br />work. <br />c. If coverage is canceled or non -renewed, and not replaced with another <br />claims -made policy form with a Retroactive Date prior to the contract <br />effective date, the Foundation, it's agents and/or subcontractors must <br />purchase "extended reporting" coverage for a minimum of five (5) years <br />after completion of work. <br />8. Verification of Coverage- The Foundation, Foundation's vendor„ its agents <br />and/or subcontractors shall furnish the Grantee with original Certificates of <br />Insurance including all required amendatory endorsements (or copies of the <br />applicable policy language effecting coverage required by this clause) and a copy <br />of the Declarations and Endorsement Page of the CGL policy listing all policy <br />endorsements to Entity before work begins on installation of the Mini Pitch. <br />However, failure to obtain the required documents prior to the work beginning <br />shall not waive the Foundation, its agents or subcontractors obligation to provide <br />them. The Grantee reserves the right to require complete, certified copies of all <br />required insurance policies, including endorsements required by these <br />specifications, at any time. Failure of the Foundation, Foundation's vendor its <br />agents and/or subcontractors to provide the required verification of coverage <br />prior to the start of any work on installation of the Mini -Pitch shall be grounds <br />for immediate termination of this Agreement. <br />9. Special Risks or Circumstances- Grantee reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior experience, <br />insurer, coverage, or other special circumstances. <br />18. Participant Waiver and Release Forms: To the extent that Grantee requires Participants in its programs <br />or others who use the Mini Pitch to sign waiver and release forms, Grantee shall include the Foundation <br />and the Foundation Parties as released parties in the form. <br />19. Use of Mark: Notwithstanding anything in this Agreement to the contrary, in the event Grantee desires <br />to use a Mark owned or controlled by Foundation in a manner consistent with this Agreement, Grantee <br />shall first submit a sample of the concept of the proposed use to Foundation for prior written approval, <br />which approval may be withheld in the sole discretion of Foundation. Any such use by Grantee shall <br />create no rights for Grantee in or to the Mark. Each Mark shall remain at all times the sole and exclusive <br />intellectual property of Foundation, and Foundation shall have the right, from time to time, to request <br />samples of use from which it may determine compliance with these terms and conditions. Notwithstanding <br />any provision of this Agreement to the contrary, Foundation reserves, in its sole and absolute discretion, <br />the right to prohibit use of its Marks. <br />20. Applicable Law; Jurisdiction: This Agreement shall be governed by and construed in accordance with <br />the laws of the state of California, without regard to principles of conflict of laws. Each party agrees that <br />any action or proceeding with respect to this Agreement may only be brought in a federal or state court <br />situated in the state of California, and by execution and delivery of this Agreement, such party irrevocably <br />consents to jurisdiction and venue in each such court. <br />21. Attorneys' Fees: Grantee agrees to pay all costs and expenses, including reasonable attorneys' fees, <br />incurred by Foundation in connection with any litigation concerning this Agreement should Foundation <br />prevail against Grantee in such litigation, whether commenced by Foundation or Grantee. <br />