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7.4 Failure on the part of the Contractor to procure or maintain policies providing the
<br />required coverages, conditions, and minimum limits shall constitute a material breach of
<br />contract upon which the City may immediately terminate this Agreement, or at its
<br />discretion may procure or renew any such policy or any extended reporting period thereto
<br />and may pay any and all premiums in connection therewith, and all monies so paid by the
<br />City shall be repaid by Contractor to the City upon demand, or the City may offset the
<br />cost of the premiums against any monies due to Contractor from the City.
<br />7.5 The parties understand and agree that the City is relying on, and does not waive or intend
<br />to waive by any provision of this contract, the monetary limitations (presently $150,000
<br />per person and $600,000 per occurrence) or any other rights, immunities, and protections
<br />provided by the Colorado Governmental Immunity Act, § 24 -10 -101 et seq., 10 C.R.S.,
<br />as from time to time amended, or otherwise available to the City, its officers, or its
<br />employees.
<br />8.0 INDEMNIFICATION
<br />To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the
<br />City, and its elected and appointed officers and its employees, from and against all liability,
<br />claims and demands, on account of any injury, loss, or damage, which arise out of or are
<br />connected with the Services hereunder, to the extent such injury, loss, or damage, is caused by
<br />the negligent act, omission, or other fault of the Contractor or any subcontractor of the
<br />Contractor, or any officer, employee, or agent of the Contractor or any subcontractor, or any
<br />other person for whom Contractor is responsible. The Contractor shall investigate, handle,
<br />respond to, and provide defense for and defend against any such liability, claims, and demands.
<br />The Contractor shall further bear all other costs and expenses incurred by the City or Contractor
<br />and related to any such liability, claims and demands, including but not limited to court costs,
<br />expert witness fees and reasonable attorneys' fees if the court determines that the these incurred
<br />costs and expenses are related to such negligent acts, errors, and omissions or other fault of the
<br />Contractor. The City shall be entitled to its reasonable costs and attorneys' fees incurred in any
<br />action to enforce the provisions of this Section 8.0. The Contractor's indemnification obligation
<br />shall not be construed to extend to any injury, loss, or damage which is caused by the act,
<br />omission, or other fault of the City.
<br />9.0 QUALITY OF WORK
<br />Contractor's Services shall be performed in accordance with the highest professional
<br />workmanship and service standards in the field to the satisfaction of the City.
<br />10.0 INDEPENDENT CONTRACTOR
<br />It is the expressed intent of the parties that the Contractor is an independent contractor and not
<br />the agent, employee or servant of the City, and that:
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