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(i) any negligent or wrongful act of omission of USER, its licensees, agents, or <br />employees; or (ii) arising from any accident, injury, including death, or damage to any <br />person or property occurring on the premises and caused by the negligence or other <br />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 />Dated: <br />Dated: <br />USER: <br />By: <br />Its: <br />PROVIDER: CITY OF ELK RIVER <br />By: <br />By: <br />Approved as to form: By: <br />6 <br />