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<br />. ' <br /> <br />, .. <br /> <br />,) <br /> <br />expense, any additional kinds and amounts of insurance which <br />may be required, or, in its own judgment, may be necessary <br />for its proper protection hereunder. Grantor shall retain <br />the right to review at any time the coverage, form, and <br />amount of insurance required hereby. If, in the reasonable <br />opinion of Grantor, the insurance provisions do not provide <br />adequate protection for Grantor and for members of the public, <br />Grantor may require Grantee to obtain insurance sufficient <br />in coverage, form, and amount to provide adequate protection <br />at Grantee's sole cost and expense. <br /> <br />3.8 Indemnity. Grantee shall indemnify and save harmless <br />Grantor, its offlcers, agents and employees, from and against <br />any and all damage to property or injury to or death of any <br />person or persons, including property and employees or agents <br />of Grantor, and shall defend, indemnify and save harmless <br />Grantor, its officers, employees and agents for any and all <br />claims, demands, suits, actions or proceedings of any kind <br />or nature, including, but not by way of limitation, worker's <br />compensation claims, resulting from or arising out of the <br />negligent acts, errors or omissions of Grantee, its employees <br />or subcontractors. Further, Grantee shall defend, indemnify <br />and save harmless Grantor, its officers, agents and employees <br />from and against any and all claims, demands, suits, actions <br />or proceedings resulting from or arising out of the intentional <br />or malicious acts of Granteee, its employees or subcontractors. <br /> <br />3.9 <br /> <br />Recovery of Franchise and Consultant Costs. <br /> <br />(a) Grantee, within sixty (60) days after receipt <br />from Grantor of a written itemization, shall reimburse Grantor <br />for its reasonable costs incurred during the franchise process <br />to the extent not recovered by application fees. <br /> <br />(b) As necessary to aid in the analysis of all <br />matters relative to the franchise, Grantor, in cooperation <br />with Grantee, shall be entitled to employ the services of a <br />consultant. All reasonable fees of the consultant incurred <br />by Grantor for such services shall be equally borne by Grantee <br />and Grantor, regardless of the outcome of any specific matter <br />under consideration. <br /> <br />3.10 Payment to Grantor. No acceptance of any payment <br />by Grantor shall be construed as an accord and satisfaction <br />that the amount paid is in fact the correct amount, nor <br />shall such acceptance of payment be construed as a release <br />of any claim Grantor may have for further or additional sums <br />payable under the provisions of this agreement. All amounts <br />paid shall be subject to audit and recomputation by Grantor. <br /> <br />-10- <br />