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CONTRACTOR'S covenants hereunder, or any failure or omission <br /> thereof. <br /> Said policy or policies of insurance shall provide coverage <br /> for both bodily injury and property damage in not less that the <br /> following minimum amount: Ten Million Dollars ($10, 000, 000) <br /> combined single limit. Said insurance shall protect CONTRACTOR and <br /> CITY from any claim for damages for bodily injury, including <br /> accidental death, as well as from any claim for property damage <br /> which may arise from operations performed pursuant to this <br /> Agreement, whether such operations be by CONTRACTOR itself, or by <br /> its agents, employees, and/or subcontractors. Said policy shall <br /> also contain a provision that no termination, cancellation or <br /> change of coverage of insured or additional insured shall be <br /> effective until after thirty (30) days prior written notice by <br /> certified mail thereof has been given to CITY. CONTRACTOR shall <br /> give CITY prompt and timely notice of any claim made or suit <br /> instituted. <br /> (f) . 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 /> (g) . 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 /> (h) . 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 /> 33 <br />