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SERIAL 16154-RFP
<br /> attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
<br /> negligence or willful misconduct relating to the performance of this Contract.
<br /> Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
<br /> agents,officers,directors,officials,and employees shall arise in connection with any claim,damage,
<br /> loss,or expense that is attributable to bodily injury,sickness,disease,death or injury to,impairment
<br /> of, or destruction of tangible property, including loss of use resulting there from, caused by gross
<br /> negligence or willful misconduct in the performance of this Contract, but only to the extent caused
<br /> by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly
<br /> employed by them,or anyone for whose acts they may be liable,regardless of whether or not such
<br /> claim,damage, loss,or expense is caused in part by a party indemnified hereunder.
<br /> The amount and type of insurance coverage requirements set forth herein will in no way be construed
<br /> as limiting the scope of the indemnity in this paragraph.
<br /> The scope of this indemnification does not extend to the sole negligence of County.
<br /> • CONTRACTOR WILL NOT BE LIABLE TO COUNTY FOR CONSEQUENTIAL DAMAGES,
<br /> INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL,
<br /> PUNITIVE, LIQUIDATED, EXEMPLARY, MORAL, OR CONSEQUENTIAL DAMAGES,
<br /> EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED
<br /> DATA,OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
<br /> 6.2 INSURANCE.
<br /> 6.2.1 Contractor,at Contractor's own expense,shall purchase and maintain the herein stipulated
<br /> minimum insurance from a company or companies duly licensed by the State of Arizona
<br /> and possessing a current A.M.Best,Inc.rating of B++.In lieu of State of Arizona licensing,
<br /> the stipulated insurance may be purchased from a company or companies, which are
<br /> authorized to do business in the State of Arizona, provided that said insurance companies
<br /> meet the approval of County. The form of any insurance policies and forms must be
<br /> acceptable to County.
<br /> 6.2.2 All insurance required herein shall be maintained in full force and effect until all work or
<br /> service required to be performed under the terms of the Contract is satisfactorily completed
<br /> and formally accepted. Failure to do so may,at the sole discretion of County,constitute a
<br /> material breach of this Contract.
<br /> 6.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
<br /> or self-insurance maintained by County shall not contribute to it.
<br /> 6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
<br /> breach of an insurance policy warranty shall not affect the County's right to coverage
<br /> afforded under the insurance policies.
<br /> 6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured
<br /> retentions. Such deductible and/or self-insured retentions shall not be applicable with
<br /> respect to the coverage provided to County under such policies. Contractor shall be solely
<br /> responsible for the deductible and/or self-insured retention and County,at its option,may
<br /> require Contractor to secure payment of such deductibles or self-insured retentions by a
<br /> surety bond or an irrevocable and unconditional letter of credit.
<br /> 6.2.6 Notwithstanding anything to the contrary contained herein, CONTRACTOR shall have
<br /> the right to self-insure part or all of any of the insurance it is required to maintain hereunder
<br /> in its sole discretion so long as CONTRACTOR maintains a net worth of not less than
<br /> One Hundred Million ($100,000,000) Dollars. Such net worth shall be documented to
<br /> COUNTY and COUNTY shall be advised in writing in the event such net worth
<br /> requirement is not met. In the event that CONTRACTOR elects to self-insure all or any
<br /> part of any risk that would be insured under the policies and limits described herein, and
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