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wrongful conduct of USER, excluding claims arising from PROVIDER’s <br />performance under this agreement. <br />INSURANCE: Both USER and PROVIDER shall maintain liability insurance against <br />claims for bodily injury, death or property damage occurring on or about the <br />FTCenter. Such insurance shall be written on an occurrence basis with a combined <br />single limit of not less than $1,000,000 per occurrence. If the insurance policy is written <br />on a “claims-made basis,” the party will maintain coverage for a minimum of three <br />years past the expiration of this agreement. The retroactive date of the policy shall be <br />indicated on the certificate of insurance outlining coverage. <br />In addition, both parties shall name the other party as an additional insured with <br />respect to its own operations on said policies of insurance. Both parties will maintain <br />all workers compensation insurance required by law. <br />THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS <br />CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE <br />UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE <br />ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED <br />OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER <br />AND USER. <br /> <br />Dated: ______________________ USER: <br /> <br /> By: <br /> Its: <br /> <br /> <br />Dated: _______________________ PROVIDER: CITY OF ELK RIVER <br /> <br /> <br /> By: <br /> <br /> <br /> By: <br /> <br /> <br />Approved as to form: By: <br /> <br />5 <br />