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shall be effective until after thirty (30) days notice thereof has been given in writing <br />to CITY. ENGINEER shall give to CITY prompt and timely notice of claim made or suit <br />instituted arising out of ENGINEER'S operations hereunder. Said insurance shall be <br />primary, and not contributing to any other insurance which CITY may have. ENGINEER shall <br />procure and maintain, at its own cost and expense, any additional kinds and amounts of <br />insurance, which in its own ,judgment, may be necessary for its proper protection in the <br />prosecution of the work. <br />9. Hold Harmless: A. ENGINEER shall indemnify and save harmless CITY, .its <br />officers and employees, front and against any and all damages to property or injuries "to <br />or death of any person or persons, including property and employees or agents of CITY, <br />and shall defend, indemnify and save harmless CITY, its officers and employees, from any <br />and all claims, demands, suits, actions, or proceedings of any kind or nature including, <br />but not by way of limitation; workers' compensation claims resulting from or arising out <br />of the negligent acts, errors or omissions of ENGINEER, its employees or subcontractors. <br />B. ENGINEER shall indemnify and save .harmless CITY, its officers and employees, <br />from and against any and all. damages to property or injuries to or death of any person or <br />persons, including property and employees or agents of CITY, and shall defend, indemnify <br />and save harmless CITY, its officers and employees, from and against any and all claims, <br />demands, suits, actions, or proceedings thereof, resulting from or arising out of the <br />intentional or malicious acts of ENGINEER, its employees or subcontractors. <br />10. Equal Opportunit : A. By signing this Agreement, ENGINEER certifies that i-t <br />does; not discriminate against any employee or applicant for employment, without regard to <br />their race, color, religion, sex, national origin, or ancestry, in connection with <br />employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, <br />layoff or termination, rates of pay or other forms of compensation; and selection <br />fromtraining including apprenticeship. Such affirmative action shall be in accordance <br />wi. th <br />4 <br />