Laserfiche WebLink
City of Tukwila My WebLink |HelpSearch Tips |About |Sign Out
additional insureds with respect to liability arising out of activities <br />performed by, or on behalf of, Contractor under the contract between the <br />City and the Contractor; <br />(b) Contractor's insurance coverage shall be primary insurance with respect <br />to CenturyLink, the City, its officers, officials, boards, commissions, <br />employees and agents. Any insurance or self-insurance maintained by <br />CenturyLink, the City, its officers, officials, boards, commissions, <br />employees and agents shall be in excess of the Contractor's insurance <br />and shall not contribute to it; and <br />(c) Contractor's insurance shall apply separately to each insured against <br />whom a claim is made or lawsuit is brought, except with respect to the <br />limits of the insurer's liability. <br />B. Acceptability of Insurers. The insurance obtained by Contractor shall be placed with <br />insurers with a Best's rating of no less than "A VII." <br />C. Verification of Coverage. The Contractor shall furnish CenturyLink and the City with <br />certificates of insurance and endorsements or a copy of the page of the policy reflecting <br />blanket additional insured status. The certificates and endorsements for each insurance <br />policy are to be signed by a Person authorized by that insurer to bind coverage on its <br />behalf. The certificates and endorsements for each insurance policy are to be on standard <br />forms or such forms as are consistent with standard industry practices. <br />8. FRANCHISE AGREEMENT. <br />The City and CenturyLink agree that as to future projects outside of the scope of this <br />Agreement, by entering into this Agreement neither party has waived any rights it may have <br />under any existing franchise agreement between the City and CenturyLink or provided by law, <br />and the City and CenturyLink expressly herein reserve such rights. <br />9. MISCELLANEOUS. <br />A. Compliance with Laws. The parties shall comply with all federal, state and local <br />laws, rules and regulations throughout every aspect in the performance of this Agreement. <br />B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of <br />any of the terms and rights contained herein, or to exercise any option herein conferred in one or <br />more instances, shall not be constructed to be a waiver or relinquishment of those terms and <br />rights and they shall remain in full force and effect. <br />C. Governing Law. This Agreement shall be governed and construed in accordance <br />with the laws of the State of Washington. If any dispute arises between the parties under any of <br />JOINT TRENCH AGREEMENT— Page 7 of 11 (August 20, 2018) <br />(between City of Tukwila and CenturyLink Re: 53rd Ave S. project) <br />8 <br />