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a.) Applicable state and federal statutes and rules; <br />b.) Scope of work; and <br />c.) Any other provisions of the agreement, including materials incorporated by reference. <br />XII: WAIVER <br />A failure by either party to exercise its rights under this Agreement shall not preclude that party from <br />subsequent exercise of such rights and shall not constitute a waiver of any other rights under this <br />Agreement unless stated to be such in a writing signed by an authorized representative of the party and <br />attached to the original Agreement. <br />XIII: SEVERABILITY <br />if any provision of this Agreement or any provision of any document incorporated by reference shall be <br />held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given <br />effect without the invalid provision, if such remainder conforms to the requirements of applicable law and <br />the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared <br />to be severable. <br />XIV: INSURANCE <br />During the course and performance of the services herein specified and for the entire term of the <br />Agreement, MCRFEG shall carry the following types and amounts of insurance. <br />A. Worker's Compensation and Employer's Liability Insurance as required by applicable state or <br />federal law. <br />B. Comprehensive Vehicle Liability Insurance covering personal injury and property damage claims <br />arising from the use of motor vehicles with combined single limits of one million dollars and zero <br />cents ($1,000,000). <br />C. Commercial General Liability Insurance covering claims for personal injury and property <br />damage for both ongoing and completed operations with combined single limits of one million <br />dollars and zero cents ($1,000,000) per occurrence per project and two million dollars and zero <br />cents ($2,000,000) general aggregate. <br />D. Professional Liability (Errors and Omissions, on a claims -made basis) Insurance with limits of <br />one million dollars and zero cents ($1,000,000) per claim and two million dollars and zero cents <br />($2,000,000) general aggregate. <br />E. MCFEG agrees to provide Kittitas County with evidence of liability insurance naming the Kittitas <br />County, its officers, employees, agents and authorized volunteers as an additionally insured <br />party with respect to items b. and c. above. No specific person should be identified as insured. <br />All references on certificates of insurance shall be listed as Kittitas County. <br />F. MCFEG shall provide Kittitas County notice of any cancellation or non -renewal of this required <br />insurance within Thirty (30) calendar days. <br />G. MCFEG shall be responsible for the payment of all premiums, deductibles and self -insured <br />retentions, and shall indemnify and hold Kittitas County harmless to the extent such a <br />deductible or self -insured retained limit may apply to Kittitas County as an additional insured. <br />H. Insurance coverages specified in this MOA are not intended and will not be interpreted to limit <br />the responsibility or liability of MCFEG. <br />