Agmt21 Zoppe Family Inc - Laserfiche WebLink

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REV: 09-09-2021 RL 17.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Performers or their Agent will furnish certificates of insurance and endorsements to City. 17.4 Failure to Maintain Coverage. If Performers fails to maintain any of these insurance coverages, then City will have the option to declare Performers in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Performers are responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Performers or deduct the amount paid from any sums due Performers under this Agreement. 17.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 17.6 Primary Coverage. For any claims related to the Services and this Agreement, the Performers’ insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Performers’ insurance and not contributory with it. Performers will submit an endorsement evidencing that their Commercial General Liability Insurance and Automobile Liability Insurance coverages are primary and non-contributory. 17.7 Reduction in Coverage/Material Changes. Performers will notify City thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies. 17.8 Cross Liability Endorsement. Performers will provide the City with a cross liability endorsement(s) or severability of interests endorsement(s) from Performer's Commercial General Liability carrier(s) in favor of the City. 18. Status of Performers. Performers will execute the Performances as independent contractors and not as an employee of City. The persons used by Performers to provide services under this Agreement will not be considered employees of City for any purposes. 19. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 20. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Performers or Agent without the prior consent of City, which will not be unreasonably withheld. ATTY/AGR.2021.212/Zoppe Family, Inc. (Page 6 of 12)