25D - ENERGY EFFICIENCY IMPROVEMENTS

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covenants and/or conditions of this Agreement, by reason of restrictive governmental laws or regulations, riots, insurrections, war, sabotage, act of nature, or any other reason of a similar or dissimilar nature not the fault of the party delayed in or prevented from performance, then performance shall be excused for the period of the delay or prevention of performance and the time for performance shall be extended for an equivalent period not to exceed Six (6) months . If such delay exceeds such Six (6) month period, the Contractor shall have the right, upon 5 days prior written notice, to terminate this Agreement . If so terminated, the City shall, within thirty (30) days following the termination date, pay the Contractor for the yet unpaid Work performed by the Contractor prior to the termination date. Section 12. TITLE Title to the FIM's implemented at City's facilities is deemed to be free and clear of any liens created by Contractor and title to all equipment and materials provided by the Contractor for the Work shall transfer to the City upon delivery to the City. Should it become necessary, at the reasonable request of the City, Contractor or its Assignee agrees to execute any appropriate documents submitted by the City to the Contractor or its Assignee evidencing such right, title and interest in the FIM's. Section 13. USE, REPAIRS City, at its sole cost and expense, shall maintain the FIM's according to the manufacturers' recommended guidelines or the equivalent and meet any and all re- certification requirements and shall furnish proof of such maintenance, if requested by Contractor. City shall furnish all needed servicing and parts, which parts shall become part of the FIM's. This section refers to standard manufacturers recommended mechanical equipment maintenance as is normally performed by City personnel on existing mechanical equipment, during regular business operations. Section 14. INSURANCE Prior to undertaking performance of Work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance naming the City, its officer, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor 's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a) add the City, its officers, employees, agents, volunteers and representatives as additional 25D-13