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(e) Which result from fines imposed by administrative or regulatory bodies for <br /> actions caused by Contractor or its officers, employees or agents; <br /> (f) As respects acts, errors or omissions in the performance of professional <br /> services, Contractor to the extent arising directly out of Contractor's (or Contractor's contractors' <br /> or subcontractors", if any) negligent acts, errors or omissions in the performance of professional <br /> services under this Agreement but only to the extent such Claims are covered by valid and <br /> collectible insurance proceeds. <br /> The obligations set forth in this indemnification provision (i) shall be in effect without <br /> regard to whether or not City, Contractor, or any other person maintains, or fails to maintain, <br /> insurance coverage, or a self-insurance program, for any such Claims; and (ii) and shall survive <br /> the termination of this Agreement. <br /> This section shall not apply to damages, liabilities, claims, costs, or expenses to the extent <br /> caused by City's sole negligence or will misconduct. The provisions of this Section shall survive <br /> the expiration of this Agreement. <br /> 4.4 Responsibility for Damages or Injury <br /> 4.4.1 City and all officers, employees and representatives thereof shall not be <br /> responsible in any manner for any loss or damage to any of the materials or other things used or <br /> employed in performing work at the Facility or for injury to or death of any person as a result of <br /> Contractor's performance of the services required hereunder; or for damage to property from any <br /> cause arising from the performance under this Agreement by Contractor, or its subcontractors, or <br /> its workers, or anyone employed by either of them. <br /> 4.4.2 Contractor shall be responsible for any liability imposed by law and for <br /> injuries to or death of any person or damage to property resulting from defects, obstructions or <br /> from any cause arising from Contractor's work under this Agreement, or the work of any <br /> subcontractor or supplier selected by Contractor. <br /> 4.4.3 Contractor shall perform all work under this Agreement in a manner to <br /> minimize public inconvenience and possible hazard, to restore other work areas to their original <br /> condition and former usefulness as soon as possible, and to protect public and private property. <br /> Contractor shall be liable for any private or public property damaged during the performance of <br /> work under this Agreement. <br /> 4.4.4 The rights and obligations set forth in this Section shall survive the <br /> termination of this Agreement. <br /> 4.5 Handling of Claims. Contractor shall be responsible for handling all claims for <br /> any losses, damages, liability, and expenses (including without limitation personal injury and <br /> property damage claims) arising out of the operation, maintenance, repair, or improvement of the <br /> Facility, whether or not such claims are covered by the insurance required under this Article 4. <br /> Handling such claims shall include without limitation responding to such claims, investigating <br /> -11- <br />