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<br />, .
<br />
<br />right or authority to direct or control the method City staff uses to present the
<br />nature interpretive program.
<br />
<br />4.
<br />
<br />IMPROVEMENTS
<br />
<br />YMCA shall obtain prior written consent of CITY to make any alterations, additions, or
<br />improvements to the Park. Such consent shall be contained in site-specific supplemental
<br />agreements, which shall be subject to, and deemed to incorporate by reference, all provisions of this
<br />Agreement unless otherwise agreed by the parties.
<br />
<br />5.
<br />
<br />EQUIPMENT USE:
<br />
<br />If Park equipment is damaged or destroyed during or by a specific Program or event, the
<br />YMCA shall pay for the damage or destruction.
<br />
<br />6.
<br />
<br />LIABILITY AND INDEMNIFICATION
<br />
<br />YMCA shall indemnify, defend and hold harmless City, its officers, agents, employees,
<br />representatives and volunteers ITom damage to property and for injury to or death of any person and
<br />ITom all claims, demands, actions, liability or damages of any kind or nature arising out of or in
<br />connection with Program activities, except those which arise out of the sole negligence of City.
<br />
<br />7,
<br />
<br />INSURANCE
<br />
<br />Prior to the use of the Park for Program activities, YMCA shall furnish evidence of
<br />insurance as follows:
<br />
<br />a. Commercial General Liability Insurance. YMCA shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s) and shall include, but not be limited to protection against claims arising from
<br />bodily and personal injury, including death resulting thereITom and damage to property, resulting
<br />ITom any act or occurrence arising out of YMCA's Program activities in the Park. The amounts of
<br />insurance shall be not less than the following: single limit coverage applying to bodily and personal
<br />injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000
<br />per occurrence. YMCA shall provide City with a fully executed additional insured endorsement, in
<br />substantially the form attached hereto as Exhibit B, upon execution of this Agreement.
<br />
<br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
<br />of the Labor Code, YMCA is required to be insured against liability for worker's compensation or
<br />to undertake self-insurance. Prior to commencing the Program, YMCA shall obtain and maintain
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />
<br />8.
<br />
<br />NOTICES
<br />
<br />All notices, statements, demands, requests, consents, approvals, authorizations,
<br />appointments, or designations hereunder by either party to the other shall be in writing and shall be
<br />deemed given and served upon the other party, if delivered personally or three (3) days after
<br />depositing in the United States mail, postage prepaid, addressed as follows:
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