|
(2) Primary Coverage. For any claims related to this contract, the GM's insurance
<br />coverage shall be primary coverage as respects the City, its officers, officials,
<br />employees, and volunteers. Any insurance or self-insurance maintained by the
<br />Gity, its-officersrofficials,employees,or- volunteers -shall -be-excess-of-GM-s
<br />insurance and shall not contribute with it.
<br />(3) Notice of Cancellation. Each insurance policy required above shall provide that
<br />coverage shall not be canceled, except with notice to the City.
<br />(4) Waiver of Subrogation. GM hereby grants to City a waiver of any right to
<br />subrogation that any insurer of said GM may acquire against the City by virtue of
<br />the payment of any loss under such insurance. GM agrees to obtain any
<br />endorsement that may be necessary to affect this waiver of subrogation, but this
<br />provision applies regardless of whether or not the City has received a waiver of
<br />subrogation endorsement from the insurer.
<br />(5) Self -Insured Retentions. GM may self -insure any and all of the insurance
<br />obligations in this Agreement.
<br />(6) Acceptability of Insurers. Insurance is to be placed with insurers authorized to
<br />conduct business in the state with a current A.M. Best's rating of no less than A -
<br />or better.
<br />(7) Special Risks or Circumstances. City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior experience,
<br />insurer, coverage, or other special circumstances.
<br />6.2. City shall provide insurance to GM and with the same requirements and evidence of
<br />coverages as stated in Sections 6.1 a and b (1)-(6),
<br />7. INDEMNIFICATION
<br />cr
<br />1,
<br />GM shall indemnify, defend ano, hold harmless City, its officers, agents and employees
<br />(collectively, the "indemnified parties") from and against any and all claims (including, without
<br />limitation, claims for bodily injury, death or damage to property), demands, obligations,
<br />damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
<br />expenses (including, without limitation, attorney's fees, disbursements and court costs) of every
<br />kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from
<br />or in any maimer are related (directly or indirectly) to a breach of this Agreement by GM or
<br />negligent and/or willful acts, errors and/or omissions of GM, its principals, officers, agents,
<br />employees, vendors, suppliers, contractors, subcontractors, anyone employed directly by any of
<br />them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing,
<br />nothing herein shall be construed to require GM to indemnify the indemnified parties from any
<br />claim arising from the sole negligence or willful misconduct of the indemnified parties. This
<br />indemnity shall apply to all claims and liability regardless of whether any insurance policies are
<br />Page 3 of 14
<br />
|