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<br />endorsed onto CONTRACTOR's policies in favor of the CITY. Loss <br />Payee endorsements or similar clauses will be endorsed onto <br />CONTRACTOR's property insurance policies protecting the CITY'S <br />Solid Waste collection and Recycling vehicles. Endorsements to all <br />policies with policy declaration pages will be required. <br />certificates of Insurance shall be provided prior to receiving <br />insurer policy endorsements. <br /> <br />(g) Indemnification: CONTRACTOR shall indemnify and save <br />harmless CITY, its officers and employees, against any and all <br />damages to property or injuries to or death of any person or <br />persons, including property and employees or agents of CITY and <br />shall defend, indemnify and save harmless CITY, its officers and <br />employees, from any and all claims, demands, suits, actions or <br />proceeding of any kind or nature, including, but not by way of <br />limitation, workers' compensation claims, of or by anyone <br />whomsoever, directly or indirectly caused by, or arising out of a <br />breach of a requirement of this Agreement by the CONTRACTOR or any <br />negligent or willful act or omission of CONTRACTOR or any negligent <br />or willful act or omission of the CONTRACTOR its employees or <br />subcontractors in the performance of this Agreement. CONTRACTOR <br />shall procure and maintain, at its own cost and expense, any <br />additional kinds and amounts of insurance which, in its own <br />judgment, may be necessary for its proper protection in the <br />performance of the work. Insurance coverage specified in this <br />Agreement shall in no way lessen or limit the terms of this <br />indemnification. <br /> <br />(h) Enforcement of Scope of Services: CONTRACTOR shall <br />reimburse the CITY for any costs incurred by the CITY in enforcing <br />and potentially defending any challenges by any and all school and <br />college districts regarding the Solid Waste collection regulations <br />contained herein. <br /> <br />(i) Waivers: No acquiescence, failure or neglect of either of <br />the contracting parties to insist on strict performance of any or <br />all of the terms hereof shall be considered as or constitute a <br />waiver or any term or condition of this Agreement or any <br />performance required thereunder, or any remedy, damage or other <br />liability arising out of such refusal, neglect or inability to <br />perform at any time. <br /> <br />42. <br /> <br />SUBCONTRACTORS ~ MANAGEMENT: <br /> <br />(a) The CONTRACTOR shall not subcontract this Agreement nor <br />any part hereof without first obtaining the consent of the City <br />Council. <br /> <br />(b) CONTRACTOR shall designate the person to be in charge of <br />administering this Agreement. The CITY retains the right to reject <br />said person at any time during the term of this Agreement upon <br />reasonable grounds. Should the CITY require the replacement of any <br /> <br />35 <br />