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Docusign Envelope ID: Ell82366-3DF6-4A5D-AA25-83DB381D816A
<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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