Kittitas County MRW Drop-Off Site Agrt (Washington)

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D-3 i. Additional Insured – PaintCare, its officers, agents, and employees must be listed as additional insureds on all Commercial General Liability, Automobile Liability, Umbrella or Excess Liability, Pollution Liability, and Contractor’s Pollution Liability policies required herein as respects claims or liabilities arising from, or connected with the Services, including completed operations. The additional insured endorsements must be at least as broad as the current editions of the Insurance Services Offices forms CG 20 10 and CG 20 37. Upon reasonable request, the Service Provider shall provide PaintCare with proof of status as an additional insured under CG 20 10 during the term of the Agreement, and under CG 20 37 for completed operations through the expiration of the longest applicable statute of limitations or period of repose. ii. Primary Coverage – All insurance coverage required hereunder must be primary insurance, and any insurance or self-insurance maintained by PaintCare will be excess of and non-contributory with respect to such insurance. iii. Severability of Interest - Except with respect to the limits of insurance, all insurance required hereunder will apply separately to each insured or additional insured. iv. Notice of Cancellation – To the extent commercially reasonable, each insurance policy shall be endorsed to require insurer(s) to provide 30 days’ advance written notice (except 10 days’ advance notice for non- payment of premium) to PaintCare prior to any suspension, cancellation or non-renewal of the required insurance. For any policy that is not endorsed to provide notice to PaintCare hereunder, the Service Provider shall notify PaintCare of any contemplated or actual modification, nonrenewal, or cancellation of coverage that causes the Service Provider (or any Subcontractor) to be out of compliance with its obligations hereunder. v. Waiver of Subrogation – The Service Provider hereby agrees to waive, and to procure from its insurers waivers of, subrogation against PaintCare and its officers, agents, and employees. The Service Provider further agrees to hold harmless, defend and indemnify PaintCare and its officers, a gents, and employees for any loss or expense incurred as a result of the Service Provider’s (or any Subcontractor’s) failure to obtain such waivers of subrogation from its insurers. 5. Acceptability of Insurers. All insurance required under this Agreement must be placed with insurers with a current A.M. Best's rating of not less than A- VII, unless otherwise approved in writing by PaintCare. 6. Verification of Coverage. a. Upon PaintCare’s reasonable request, the Service Provider shall provide to PaintCare a certificate of insurance evidencing the coverage required of it under this Agreement. Likewise, upon PaintCare’s reasonable request, the Service Provider shall procure and provide to PaintCare certificates of insurance from any Subcontractors evidencing the coverage required of them under this Agreement. Each certificate shall be signed by a person authorized by the insurer(s) to bind coverage on its/their behalf. The Service Provider shall provide renewal certificates to PaintCare prior to the expiration of any required insurance policy. b. Upon reasonable request, the Service Provider shall provide PaintCare with copies of all policies of insurance and endorsements thereto for all required insurance under this Agreement (including that of any Subcontractors). Such copies may be excerpted or redacted to remove premium pricing or other confidential business information; provided, however, that any such excerpted/redacted copies must include sufficient information for PaintCare to verify the Service Provider’s (and its Subcontractor(s)’) full compliance with the requirements of this Agreement and to evaluate actual, prospective, or denied claims as additional insured under such policies. c. Failure of PaintCare to request certificates or identify deficiencies will in no way limit or relieve the Service Provider of its obligations to maintain such insurance and require that its Subcontractors maintain such insurance. Failure of the Service Provider (or any of its Subcontractors) to maintain the required insurance constitutes a default under this Agreement and PaintCare may, at its option, terminate this Agreement for