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7 4 Failure on the part of the Consultant 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 Commission may immediately terminate this Agreement, or at
<br />its discretion may procure or renew any such policy or any extended reporting period
<br />thereto and may pay any and all premiums in connection therewith, and all monies so
<br />paid by the Commission shall be repaid by Consultant to the Commission upon demand,
<br />or the Commission may offset the cost of the premiums against any monies due to
<br />Consultant from the Commission.
<br />7 5 The parties understand and agree that the Commission is relying on, and does not waive
<br />or intend to waive by any provision of this Agreement, the monetary hmitations or any
<br />other rights, immunities, and protections provided by the Colorado Governmental
<br />Immunity Act, § 24-10-101 et seq., C.R.S , as from time to time amended, or otherwise
<br />available to the Commission, 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 />Commission, and its elected and appointed officers and its employees, from and against all
<br />liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or
<br />are connected with the services hereunder, if and to the extent such injury, loss, or damage is
<br />caused by the negligent act, omission, or other fault of the Consultant or any subcontractor of the
<br />Consultant, or any officer, employee, or agent of the Consultant or any subcontractor, or any
<br />other person for whom Consultant is responsible. The Consultant shall investigate, handle,
<br />respond to, and provide defense for and defend against any such liability, claims, and demands.
<br />The Consultant shall further bear all other costs and expenses incurred by the Commission or
<br />Consultant and related to any such liability, claims and demands, including but not limited to
<br />court costs, expert witness fees and attorneys' fees if the court determines that these incurred
<br />costs and expenses are related to such negligent acts, errors, and omissions or other fault of the
<br />Consultant. The Commission 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
<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 Commission.
<br />9 0 QUALITY OF WORK
<br />Consultant's professional services shall be in accordance with the prevailing standard of practice
<br />normally exercised in the performance of services of a similar nature in the Denver metropolitan
<br />area.
<br />10.0 INDEPENDENT CONTRACTOR
<br />It is the expressed intent of the parties that the Consultant is an independent contractor and
<br />not the agent, employee or servant of the Commission, and that:
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