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6. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />a. Commercial general liability and business automobile insurance policies <br />shall (1) name the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s); (2) be primary and not contributory <br />with respect to insurance or self-insurance programs maintained by the City; <br />and (3) contain standard separation of insureds provisions. A sample <br />additional insured endorsement is attached hereto as Exhibit C. Contractor <br />shall maintain all insurance required above in full force and effect for the <br />entire period covered by this Agreement. <br />b. Certificates of insurance shall be furnished to the City upon execution of <br />this Contract and shall be approved in form by the City Attorney. <br />C. All of the Contractor's storage facilities shall be listed in the certificates of <br />insurance. <br />d. Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty <br />(30) days prior written notice to the City. <br />If Contractor fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Contract. Such termination shall not affect <br />Contractor's right to be paid for services satisfactorily provided in accordance with <br />this agreement prior to notification of termination. The Contractor waives the right <br />to receive compensation and agrees to indemnify the City for any work performed <br />prior to approval of insurance by the City. <br />6. HOLD HARMLESS/INDEMNIFICATION <br />To the fullest extent permitted by law, Contractor shall indemnify, defend and hold <br />harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from <br />and against any and all claims (including, without limitation, claims for bodily injury, death or <br />damage to property), demands, obligations, damages, actions, causes of action, suits, losses, <br />judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's <br />fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; <br />collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to <br />any work performed or services provided under this Contract (including, without limitation, <br />defects in workmanship and/or materials) or Contractor's presence or activities conducted <br />performing the work (including the negligent and/or willful acts, errors and/or omissions of <br />Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, <br />subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may <br />be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed <br />to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole <br />negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be <br />construed as authorizing any award of attorney's fees in any action on or to enforce the terms of <br />Page 4 of 10 <br />#141898v2 <br />