|
6. The following requirements apply to the insurance to be provided by Contractor
<br />pursuant to this section:
<br />a. Commercial general liability and business automobile insurance policies
<br />shall (1) name the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s); (2) be primary and not contributory
<br />with respect to insurance or self-insurance programs maintained by the City;
<br />and (3) contain standard separation of insureds provisions. A sample
<br />additional insured endorsement is attached hereto as Exhibit C. Contractor
<br />shall maintain all insurance required above in full force and effect for the
<br />entire period covered by this Agreement.
<br />b. Certificates of insurance shall be furnished to the City upon execution of
<br />this Contract and shall be approved in form by the City Attorney,
<br />C. All of the Contractor's storage facilities shall be listed in the certificates of
<br />insurance.
<br />d. Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty
<br />(30) days prior written notice to the City.
<br />If Contractor fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the City with required proof that insurance has
<br />been procured and is in force and paid for, the City shall have the right, at the City's
<br />election, to forthwith terminate this Contract. Such termination shall not affect
<br />Contractor's right to be paid for services satisfactorily provided in accordance with
<br />this agreement prior to notification of termination. The Contractor waives the right
<br />to receive compensation and agrees to indemnify the City for any work performed
<br />prior to approval of insurance by the City.
<br />6. HOLD HARMLESSANDEMNIFICATION
<br />To the fullest extent permitted by law, Contractor shall indemtify, defend and hold
<br />harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from
<br />and against any and all claims (including, without limitation, claims for bodily injury, death or
<br />damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
<br />judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
<br />fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
<br />collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to
<br />any work performed or services provided under this Contract (including, without limitation,
<br />defects in workmanship and/or materials) or Contractor's presence or activities conducted
<br />performing the work (including the negligent and/or willful acts, errors and/or omissions of
<br />Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors,
<br />subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may
<br />be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed
<br />to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
<br />negligence or willful misconduct of the Indentified Parties. Nothing in this indemnity shall be
<br />construed as authorizing any award of attorney's fees in any action on or to enforce the terms of
<br />Page 4 of 10
<br />#I41898v2
<br />
|