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7.2 The Consultant's general liability insurance shall be endorsed to include the City, and its
<br />elected and appointed officers and employees, as additional insureds, unless the City in its
<br />sole discretion waives such requirement. Every policy required above shall be primary
<br />insurance, and any insurance carried by the City, its officers, or its employees, shall be excess
<br />and not contributory insurance to that provided by the Consultant. The Consultant shall be
<br />solely responsible for any deductible losses under each of the policies required above.
<br />7.3 Certificates of insurance shall be provided by the Consultant as evidence that policies
<br />providing the required coverages, conditions, and minimum limits are in full force and effect,
<br />and shall be subject to review and approval by the City. No required coverage shall be
<br />cancelled, terminated or materially changed until at least 30 days prior written notice has
<br />been given to the City. The City reserves the right to request and receive a certified copy of
<br />any policy and any endorsement thereto.
<br />7.4 Failure on the part of the Consultant to procure or maintain policies providing the required
<br />coverages, conditions, and minimum limits shall constitute a material breach of contract
<br />upon which the City may immediately terminate the contract, or at its discretion may procure
<br />or renew any such policy or any extended reporting period thereto and may pay any and all
<br />premiums in connection therewith, and all monies so paid by the City shall be repaid by
<br />Consultant to the City upon demand, or the City may offset the cost of the premiums against
<br />any monies due to Consultant from the City.
<br />7.5 The parties understand and agree that the City is relying on, and does not waive or intend to
<br />waive by any provision of this contract, the monetary limitations (presently $350,000 per
<br />person and $990,000 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., as
<br />from time to time amended, or otherwise available to the City, its officers, or its employees.
<br />8.0 INDEMNIFICATION
<br />To the fullest extent permitted by law, the Consultant agrees to indemnify and hold harmless the
<br />City, and its elected and appointed officers and its employees, from and against all liability, claims,
<br />and demands, on account of any injury, loss, or damage, which arise out of or are connected with the
<br />services hereunder, if such injury, loss, or damage is caused by the negligent act, omission, or other
<br />fault of the Consultant or any subcontractor of the Consultant, or any officer, employee, or agent of
<br />the Consultant or any subcontractor, or any other person for whom Consultant is responsible. The
<br />Consultant shall investigate, handle, respond to, and provide defense for and defend against any such
<br />liability, claims, and demands. The Consultant shall further bear all other costs and expenses
<br />incurred by the City or Consultant and related to any such liability, claims and demands, including
<br />but not limited to court costs, expert witness fees and attorneys' fees if the court determines that
<br />these incurred costs and expenses are related to such negligent acts, errors, and omissions or other
<br />fault of the Consultant. The City shall be entitled to its costs and attorneys' fees incurred in any
<br />action to enforce the provisions of this Section 8.0. The Consultant's indemnification obligation
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