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Docusign Envelope lD: A5CA6F04-D784441 1-8288-E622CE565EF7 Kittitas County Public Health Department waives its immunity under Title 51 RCW to the extent it is required to indemniff, defend and hold harmless DNR and its officials, agents or employees. 19.0 Insurance. Before using any of said rights granted herein and its own expense, the Kittitas County Public Health Department shall purchase and maintain, foptional: or require its agent(s)/subcontractor to purchase and maintain,] the insurance described below for the entire duration of this Agreement. Failure to purchase and maintain the required insurance may result in the termination of the Agreement at DNR's option. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insurance programs afforded to, or maintained by, the State of Washington, Department of Natural Resources. Kittitas County Public Health Department shall provide DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Agreement before using any of said rights granted herein. The description section of the certificate shall contain the Conffact Number and the name of the DNR Project Manager. Kittitas County Public Health Department shall also provide renewal certificates as appropriate during the term of this Agreement. Kittitas County Public Health Department shall include all subcontractors and agents as insured under all required insurance policies or shall provide separate certif,tcates ofinsurance for each subcontractor or agent. Failure of the Kittitas County Public Health Department to have its subcontractors and agents comply with the insurance requirements contained herein does not limit Kittitas County Public Health Department's liability or responsibility. INSURANCE TYPES & LIMITS: The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows: Commercial General Liabilitv (CGL) Insurance: Kittitas County Public Health Department shall purchase and maintain commercial general liability insurance with a limit of not less than $ 1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the general aggregate timits shall be at least twice the "each occurrence" limit, and the products-completed operations aggregate limit shall be at least twice the "each occurrence" limit. All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal i.tjury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured (cross-liability) condition. Employer's liability ("Stop Gap") Insurance: Kittitas County Public Health Department shall purchase and maintain employer's liability insurance and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident and S1,000,000 each employee for bodily injury by disease. Business Auto Policy (BAP) Insurance: Kittitas County Public Health Department shall purchase and maintain business auto insurance and if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per accident, with such insurance covering liability arising out of "Any Auto". The policy shall be endorsed to provide contracfual liability coverage and cover a "covered pollution cost or expense." Kittitas County Public Health Department Page5ofllAgreementNo' 93-109538 Formupdate date: 22-06-15