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<br />(30) days written notice to contractor. Upon termination, the City may re-bid the project if the
<br />contractor fails to perform under this Agreement due to the undisclosed conditions.
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<br />5, Insurance, (a) Contractor shall, at its sole cost and expense, during the period of any
<br />work being performed under this Agreement, procure and maintain the following minimum insurance
<br />coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by
<br />Contractor, its agents, contractors or employees, as more particularly set forth below:
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<br />General liability insurance, including broad form contractual liability coverage for
<br />bodily injury and property damage liability with limits of One Million Dollars
<br />($ 1,000,000) combined single limit occurrence,
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<br />Such insurance shall not diminish Contractors indemnification obligations hereunder. The
<br />insurance policy shall be issued by such company, in such forms and with such limits of liability and
<br />deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance,
<br />which the City may maintain. Before any work under this Agreement is performed, and at any time
<br />upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum
<br />required coverage and appropriately endorsed for contractual liability with the City named as an
<br />additional insured, All policies shall contain a waiver of subrogation endorsement. All policies and
<br />certificates shall be in forms and issued by insurance companies acceptable to the City's Risk
<br />Management Department. All insurance policies and certificates of insurance shall provide that the
<br />policies may not be canceled or altered without thirty (30) calendar days prior written notice to the
<br />City's Risk Management Department. The City reserves the right from time to time to change the
<br />insurance coverage and limits of liability required to be maintained by Contractor hereunder.
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<br />6. Relation to Parties. It is understood and agreed that nothing contained in this Agreement
<br />shall be deemed to create a partnership, joint venture, other association, or an employer/employee
<br />relationship between the Contractor and the City. Contractor shall be in the relation of an
<br />independent contractor and is to have entire charge, control and supervision of the work to be
<br />performed hereunder.
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<br />7. Compliance with Law. Contractor shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect to
<br />this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits,
<br />licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br />under this Agreement.
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<br />8, Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or
<br />accountable for any violations of applicable laws or for any injury, loss or damage arising from the
<br />negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor
<br />hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss,
<br />damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole
<br />or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of
<br />its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any
<br />person and destruction of property resulting from the performance or breach by Contractor of its
<br />limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence,
<br />Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that
<br />insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or
<br />materialman's lien against the interest of the owner of the property.
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<br />Horsepower Electric Contract
<br />Attorney/Contract, Agreementljb
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