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Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A
<br />Claims Made Policies
<br />If any of the required policies provide coverage on a claims -made basis:
<br />1. The retroactive date must be shown and must be before the date of the contract or the beginning
<br />of work.
<br />2. Insurance must be maintained and evidence of insurance must be provided for at least three (3)
<br />years after completion of work.
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy
<br />form with a retroactive date prior to the contract effective date, Contractor must purchase
<br />"extended reporting" coverage for a minimum of three (3) years after completion of work.
<br />Subcontractors
<br />Contractor shall require and verify that all sub -contractors maintain insurance meeting all the
<br />requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance
<br />required from sub -contractors.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the risk,
<br />prior experience, insurer, coverage, or other special circumstances but only as agreed to by Contractor.
<br />L. Indemnification: Aramark agrees to defend, indemnify and hold harmless the City, its
<br />officers, employees, agents and servants for all third -party personal injuries caused by the negligence
<br />of Aramark in its performance of the services defined in this Agreement, and to pay all claims,
<br />damages, judgments, legal costs, adjuster fees and attorney fees related thereto. However, it is
<br />expressly understood that Aramark shall not be responsible for damages, injuries, losses or claims
<br />caused by inmates or the City, its officers, employees, agents, servants or other independent
<br />contractors. Neither any of the City's officers, employees, agents, servants or contractors, nor any
<br />inmates, are or will be deemed to be agents or employees of Aramark and no liability is or will be
<br />incurred by Aramark to such persons, except for bodily injury to such persons caused by Aramark's
<br />negligence. The City agrees to defend, indemnify and hold Aramark harmless from any liability claim
<br />by or through such persons against Aramark. Each party shall promptly notify the other of any claim
<br />for which indemnity is sought, and shall cooperate with the other party in the defense of such claim.
<br />The indemnifying party may have the discretion to defend and settle such claim.
<br />M. Over the Counter Drugs Indemnification: To the maximum extent permitted by applicable
<br />law and whether or not caused, directly or indirectly, in whole or in part, by the negligence, or other
<br />fault of the party to be indemnified, the City will indemnify and hold harmless Aramark and its
<br />respective officers, directors, employees and agents, from and against any and all claims, causes of
<br />action, suits, investigations, and administrative or other proceedings, and all related demands, damages,
<br />liabilities, fines, penalties, assessments, costs, expenses (including attorney's fees) of every kind and
<br />nature, related to or arising out of the sale or provision of over the counter drugs to inmates at the
<br />Facility, including but not limited to product liability, warranty, negligence or allergy claims and any
<br />alleged violation of any federal, state or local code, statute, law, regulation or ordinance.
<br />N. HAZARDOUS SUBSTANCES; PRE-EXISTING CONDITIONS. Aramark has no duty to
<br />investigate, detect, prevent, handle, encapsulate, remove, or dispose of, and will have no responsibility
<br />to the City or others for any exposure of persons or property to, asbestos, lead, fuel storage tanks or
<br />contents, indoor air pollutants or contaminants, poor air quality, or hazardous, toxic, or regulated waste
<br />substances, mold, fungi, mildew, pollutants, or contaminants (collectively, the "Hazardous
<br />Substances") at the Facility or the surrounding premises. The City will comply with all applicable
<br />federal, state, and local laws and regulations, which have been or will be enacted during the term of
<br />this Agreement, regarding such Hazardous Substances on the City's premises. The City will inform
<br />Aramark of the presence of such Hazardous Substances and acknowledges that Aramark employees
<br />will not be required to work in any location where they could be exposed to such Hazardous
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