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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 /> (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 /> (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 /> (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 /> 42 . SUBCONTRACTORS AND MANAGEMENT: <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 /> (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 /> 35 <br />