|
participate in the defense of any claim for damages, losses or expenses, and such participation
<br />shall not constitute a waiver of Licensee's indemnity obligations contained herein. Neither
<br />Kittitas County, nor its elected or appointed officials, officers, employees, agents, or volunteers,
<br />shall be liable for any damage or injury to the Licensee, its sub -licensees or sub -contractors, or
<br />its or their employees, or its or their properties occurring through, or caused by a defect to the
<br />premises used or property licensed pursuant to this agreement. Licensee shall assume the entire
<br />risk of loss of or damage to its property or the property of its sub -licensees or sub -contractors
<br />used in connection with this agreement. Property shall include but not be limited to the
<br />amusement rides, side shows, novelty and game concessions, and food concession booths
<br />together with all of their fixtures, supplies, and inventory of merchandise for sale, owned or
<br />'leased by or consigned to the Licensee or its sub -licensees or sub -contractors.
<br />7.7 Insurance.
<br />(a) Licensee shall obtain, and maintain continuously for the term of this agreement,
<br />occurrence form Commercial General Liability Insurance with endorsements and/or other
<br />insurance to cover the activities and services of this contract, with a carrier subject to the
<br />approval of the County. Minimum limit of coverage shall be SIX MILLION DOLLARS
<br />($6,000,000.00) each occurrence and TWELVE MILLION DOLLARS ($12,000,000.00)
<br />aggregate, exclusive to this contract with Kittitas County. Such insurance shall be endorsed to
<br />include Kittitas County, its officers, elected officials, employees, agents, and volunteers as
<br />additional insureds, and shall not be reduced or canceled without forty-five (45) days' written
<br />prior notice to the County. This insurance shall be primary and non-contributory. The policy
<br />shall be endorsed to include a "cross liability,,, "severability of interests,,, or "separation of
<br />insured's„ provision indicating essentially that except with respect to the limits of insurance, and
<br />any rights or duties specifically assigned in this coverage part to the first named insured, this
<br />insurance applies as if each named insured were the only named insured, and separately to each
<br />insured against whom claim is made or suit is brought.
<br />(b) License shall obtain, and maintain continuously for the term of this agreement,
<br />Commercial Automobile Liability Insurance, with coverage limits not less than THREE
<br />MILLION DOLLARS ($3,000,000.00) combined -single limit. Automobile liability coverage
<br />shall be for owned, non -owned, hired, and leased vehicles, with an MCS 90 endorsement and a
<br />CA 9948 endorsement attached if "pollutants„ are to be transported.
<br />(c) Licensee shall obtain, and maintain continuously for the term of this agreement,
<br />Umbrella Liability coverage of FOUR MILLION DOLLARS ($4,000,000.00). This coverage
<br />shall apply, at a minimum, to both the Commercial General and Auto Insurance policy coverage.
<br />If used to meet limit requirements, coverage must be at least as broad as specified for underlying
<br />coverages, and must cover those insured in the underlying policies. This requirement may
<br />alternatively be satisfied through Licensee's primary Commercial General and Automobile
<br />Liability coverage, or any combination thereof. The policy must be endorsed to include the
<br />County and its officials, employees and agents as additional insureds. Coverage shall be "pay on
<br />behalf,,, with defense costs payable in addition to policy limits. There shall be no cross liability
<br />exclusion precluding coverage for claims or suits by one insured against another.
<br />
|