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f. Coverage provided by ESG shall not be limited to the liability assumed under the <br />indemnification provisions of this Agreement. <br />g. The policies shall contain a waiver of subrogation against the CITY and <br />Morris/Palais, its officers, officials, agents, employees, and volunteers for losses <br />arising from work performed by ESG for the Morris/Palais and CITY. <br />2. Workers' Compensation and Employer's Liability Coverage <br />The insurer shall agree to waive all rights of subrogation against the CITY and <br />Morris/Palais, its officers, officials, agents, employees, and volunteers for losses <br />arising from work performed by ESG for the Morris/Palais/CC and CITY. <br />Provisions applying to all coverages: <br />ESG shall furnish the CITY with Certificates of Insurance (ACORD form or equivalent <br />approved by the City) with original endorsements affecting coverage as required by this <br />Agreement. The certificates and endorsements for each insurance policy are to be signed by a <br />person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that <br />restrict or limit coverages shall be clearly noted on the certificate of insurance. <br />All certificates and endorsements are to be received and approved by the CITY before work <br />commences. Each insurance policy required by this Agreement must be in effect at or prior to <br />commencement of work under this Agreement and remain in effect for the duration of the <br />Agreement. Failure to maintain the insurance policies as required by this Agreement or to <br />provide evidence of renewal is a material breach of contract. <br />All certificates of insurance required by this Agreement shall be sent directly to the Morris <br />Performing Arts Center, Administration Offices, 211 North Michigan Street, South Bend, <br />Indiana 46601-1202. The CITY reserves the right to require complete, certified copies of all <br />insurance policies required by this Agreement, at any time. <br />Any modification or variation from the insurance requirements in this Agreement shall be <br />approved by the City's Legal Department whose decisions shall be final. Such action will not <br />require a formal Agreement amendment, but may be made by administrative action. <br />Assignability, Successors and Assigns <br />This Agreement, and any rights or obligation hereunder, shall not be transferred or assigned by <br />ESG without the prior written consent of the CITY. Any attempt to assign without such prior <br />written consent shall be void. This Agreement shall inure to the benefit of each of the parties <br />and their permitted successors and assigns. <br />Employment and Organization Disclaimer; Independent Contractor Status <br />This Agreement is not intended to, and will not, constitute, create, give rise to, or otherwise <br />recognize a joint venture, partnership, or formal business association or organization of any kind <br />as existing between the parties, and the rights and the obligations of the parties shall be only <br />those expressly set forth herein. The parties agree that no person supplied by ESG in the <br />