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<br />coverage contained in those policies affords insurance in compliance with the terms and
<br />conditions as set form in this agreement. XONOVIA shall, prior to commencement of work
<br />under this agreement, file with the city clerk such certificate or certificates.
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<br />The insurance provided by XONOVIA shall be primary to any coverage available to
<br />customer. The insurance policies required by this agreement shall include provisions for
<br />waiver of subrogation.
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<br />Any deductibles or self-insured retentions shall be declared to and are subject to
<br />customer's approval. At the option of customer, either the insurer shall reduce or
<br />eliminate the deductibles or self-insured retentions as respects customer, or XONOVIA shall
<br />procure a bond guaranteeing payment of losses and expenses.
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<br />Nothing contained herein shall be construed as limiting in any way XONOVIA
<br />obligations of indemnification under paragraph 11 or other extent to which XONOVIA may
<br />be held responsible for payment of damages to persons or property resulting from its
<br />operations, including operations and work performed or materials supplied by or on behalf
<br />of XONOVIA, any subcontractors or by anyone directly or indirectly employed by any of
<br />them.
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<br />11. Indemnification. XONOVIA agrees to indemnify customer, its officers, employees,
<br />agents and volunteers against, and will hold and save each of them harmless from any
<br />and all actions, claims, damages to persons or property, penalties, obligations or liabilities
<br />that may be asserted or claimed by any person, firm, entity, corporation, political
<br />subdivision or other organization arising out of the acts, errors or omissions of XONOVIA, its
<br />agents, employees, subcontractors, or invitees arising out of XONOVIA performance under
<br />this agreement. XONOVIA shall defend any action or actions filed in connection with any
<br />of said claims, damages, penalties, obligations or liabilities and will pay all cost and
<br />expenses, including attorneys fees and cost of litigation incurred in connection herewith.
<br />XONOVIA will promptly pay any judgment rendered against customer, its officers,
<br />employees, agents, and volunteers for any such claims, damages, penalties, obligations or
<br />liabilities. In the event customer, its officers, employees, agents, or volunteers are made a
<br />party to any action or proceeding filed or prosecuted against XONOVIA for such
<br />damages or other c1airns arising out of or in connection with the acts of XONOVIA
<br />hereunder, XONOVIA agrees to pay customer, its officers, employees, agents, and
<br />volunteers reasonable costs and expenses incurred by them in such action or proceeding,
<br />including but not limited to, actual attorneys fees and costs of litigation. XONOVIA's
<br />covenants under this section shall survive the termination or expiration of this agreement.
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<br />Customer agrees to indemnify XONOVIA, its officers, employees, agents and assigns
<br />against, and will hold and save each of them harmless from any and all actions, claims,
<br />damages to persons or property, penalties, obligations or liabilities that may be asserted or
<br />claimed by any person, firm, entity, corporation, political subdivision or other organization
<br />arising out of the acts, errors or omissions of Customer, its agents, employees or volunteers.
<br />Customer shall defend any action or actions filed in connection with any of said claims,
<br />damages, penalties, obligations or liabilities and will pay all cost and expenses, including
<br />attorneys fees and cost of litigation incurred in connection herewith. Customer will
<br />promptly pay any judgment rendered against XONOVIA, its officers, employees, agents,
<br />and assigns for any such claims, damages, penalties. obligations or liabilities. In the event
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