Agmt09 Bair Island Aquatic Center, Inc. (BIAC)

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• as to all claims thereunder and provide that any insurance carried by the City is excess and is non - contributing with any insurance requirement of BIAC; (iii) provide that such insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to the City; and (iv) contain a waiver of subrogation and cross- liability endorsement or severability of interest clause acceptable to the City. BIAC shall deliver the policy or policies or certificates thereof on or before the Commencement Date. (ii) For all liability policies required above, BIAC shall cause the City to be named as a Certificate Holder on Acord -25 Certificates of Insurance that contain language requiring 30 days written notice to the City in the event of cancellation or material change in any scheduled policy. (iii) For all property policies required above, BIAC shall cause the City to be named as a Certificate Holder on Acord 27 Certificates of Insurance that contain language requiring 30 days written notice to the City in the event of cancellation or material change in any scheduled policy. (iv) With regard to the liability insurance policies required above, such insurance policies shall name the City as an additional insured on endorsements ISO CG 20 10 10 01 and CG 20 37 10 01, or broader, with completed operations coverage. 17. Waiver of Claims. BIAC and the City each hereby waives all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to the property of the waiving party or the property of others under its control, to the extent such loss or damage is insured against under any insurance policy carried by the City or BIAC pursuant to this Agreement. 18. Entire Agreement; Severability. This Agreement contains the sole and complete agreement between the parties relating to the License. This Agreement may not be changed orally and may be amended only by an agreement in writing signed by both parties. In the event that any provision of this Agreement shall be held to be or become invalid or unenforceable in certain circumstances, the validity and enforceability of the remaining provisions, or such provision in other circumstances, shall not in any way be affected or impaired 19. Notices. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed to have been given when mailed by United States registered or certified mail, postage prepaid, return receipt requested, to the City or BIAC, as the case may be, at the respective addresses stated below or to the last changed address given by the party to be notified as hereinafter specified, or may be made by personal service: BIAC License 6.11.09 v.2 5 v l �