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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 Iniury <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 />