Failure to Obtain or Maintain Insurance. Adventure Fit’s failure to obtain and continuously maintain policies of insurance in accordance with this Section 5.0 and its subsections shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of Adventure Fit arising from performance or non- performance of this Agreement. Failure on the part of Adventure Fit to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Adventure Fit to the Town immediately upon demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies due to Adventure Fit from the Town pursuant to this Agreement.
Appears in 5 contracts
Samples: Lyons Professional Services Agreement, Professional Services Agreement, Lyons Professional Services Agreement
