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A. The licensee for a public dancehall license for a teen dance shall indemnify and hold the city harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees or patrons or on account of any act or omission of the licensee in its exercise or use or occupancy of the premises licensed in accordance with this chapter. In the event any suit or action is brought against the city, its officers, employees or agents, the licensee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the city, its officers, employees and agents, and promptly satisfy any final judgment adverse to the city, its officers, employees or agents, or to the city, its officers, employees or agents, and the licensee jointly; provided, that in the event the city determines that one or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the licensee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city or its officers, employees or agents.

B. As a condition precedent to obtaining a public dancehall license for a teen dance the licensee shall, at no expense to the city secure and maintain during the full term of this agreement, general comprehensive liability insurance issued by one or more companies authorized to do business in the state, which insurance shall be subject to the approval of the city attorney as to company, form, coverage and which insurance must fully protect the city from any and all claims and risks in connection with any activity performed by the licensee by virtue of this chapter and provide the following minimum coverage:

1. Five hundred thousand dollars per person, per occurrence;

2. Five hundred thousand dollars annual aggregate. The policy must specifically name the city, its officers, employees and agents, as an additional insured party thereunder in the following manner:

The City of Everett, its officers, employees and agents are an additional insured for all coverages and provided by this policy of insurance and shall be fully and completely protected by this policy and for any claim, suit, injury, death, damage or loss of any sort sustained by a person, organization or corporation in connection with any activity upon or use or occupancy of establishments regulated by this chapter.

C. The licensee shall deliver to the city clerk a copy of all policies required under this provision and all endorsements thereto or other evidence to the reasonable satisfaction of the city clerk that the licensee has secured or renewed and is maintaining insurance as required by this section.

1. The “ACORD” form of certification of insurance shall not be submitted as such evidence, and shall not be deemed to be satisfactory evidence unless the following changes are made on such form:

a. The wording on the top of the form:

This certificate is issued as a manner of information only and confers no rights upon the certificate holder.
shall be deleted in its entirety.

b. The wording at the bottom of the form:

Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail thirty (30) days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation of any kind upon the company.
shall be changed to read:

Should any of the above described policies be cancelled, reduced as to coverage, or otherwise changed before the expiration date thereof, the issuing company shall provide written notice of such action to the City Clerk of the City of Everett.

D. The procuring of the insurance required by this section shall not be construed to limit licensee’s liability hereunder.

E. Licensee shall provide for the prompt and efficient handling of all claims for injury, death, damage or loss arising out of the acts or omissions of licensee. (Ord. 1488-88 § 5, 1988; Ord. 1454-88 § 15, 1988.)