Laserfiche WebLink
name City, its agents, officers, employees and volunteers as Additional Insureds, and <br />shall specifically provide that any City insurance coverage which may be applicable to <br />the Facilities and Concessionaire's Facilities shall be deemed excess coverage and that <br />Concessionaire's insurance shall be primary. Concessionaire is required to give the City <br />no less than thirty (30) days notice of cancellation or reduction in coverage. No <br />cancellation provision in any insurance policy shall be construed in derogation of the <br />continuous duty of Concessionaire to furnish insurance during the term of this <br />Agreement. <br />E. Provision of Policies. Prior to execution of this Agreement, Concessionaire <br />shall furnish to City certificates of insurance and additional insured endorsements to each <br />of Concessionaire's insurance policies, subject to approval of the City Attorney, <br />evidencing the foregoing insurance coverages as required by this Agreement; these <br />certificates shall: <br />i. provide the name and policy number of each carrier and policy; <br />ii. state that the policy is currently in force; and <br />iii. promise to provide that such policies will not be canceled, suspended, <br />voided, reduced in coverage or in limits, or modified without thirty (30) days <br />prior written notice of City; and <br />iv. Concessionaire shall maintain the foregoing insurance coverages in force <br />throughout the term of this Agreement. <br />v. City or its representatives shall at all times have the right to demand the <br />original or a copy of all these policies of insurance, which Concessionaire <br />shall provide within fifteen (13) days of City's request. <br />7.2 INDEMNIFICATION <br />7.2.1 Indemnification, Defense, Hold Harmless. Concessionaire shall <br />protect, defend, indemnify and save and hold harmless City, its officers, officials, <br />employees, and agents from and against any and all liability, loss, damage, <br />expenses, costs (including without limitation costs and fees of litigation of any <br />nature) arising out of or in connection with Concessionaire's performance of this <br />Agreement or Concessionaire's failure to comply with any of Concessionaire's <br />obligations contained in this Agreement by Concessionaire, its officers, agents or <br />employees except such loss or damage which was caused by the sole negligence <br />or willful misconduct of City. In the event City is named as codefendant, <br />Concessionaire shall notify City of such fact and shall represent City in such legal <br />action unless City undertakes to represent itself in such legal action. <br />Concessionaire further agrees to indemnify, hold harmless, and pay all costs for <br />the defense of the City, including fees and costs for special counsel to be selected <br />by City, regarding any action by a third party challenging the validity of this <br />Agreement, or asserting that personal injury, damages, just compensation, <br />11 <br />