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7.3 Certificates of insurance shall be provided by the Contractor as evidence that policies
<br />providing the required coverages, conditions, and minimum limits are in full force and
<br />effect, and shall be subject to review and approval by the City. No required coverage shall
<br />be cancelled, terminated or materially changed until at least 30 days prior written notice
<br />has been given to the City. The City reserves the right to request and receive a certified
<br />copy of any policy and any endorsement thereto.
<br />7.4 Failure on the part of the Contractor 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 this Agreement, or at its discretion may
<br />procure or renew any such policy or any extended reporting period thereto and may pay
<br />any and all premiums in connection therewith, and all monies so paid by the City shall be
<br />repaid by Contractor to the City upon demand, or the City may offset the cost of the
<br />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 sea., 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 Contractor 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
<br />the Services hereunder, if such injury, loss, or damage is caused by the negligent act, omission, or
<br />other fault of the Contractor or any subcontractor of the Contractor, or any officer, employee, or
<br />agent of the Contractor or any subcontractor, or any other person for whom Contractor is
<br />responsible. The Contractor shall investigate, handle, respond to, and provide defense for and
<br />defend against any such liability, claims, and demands. The Contractor shall further bear all other
<br />costs and expenses incurred by the City or Contractor and related to any such liability, claims and
<br />demands, including but not limited to court costs, expert witness fees and attorneys' fees if the
<br />court determines that these incurred costs and expenses are related to such negligent acts, errors,
<br />and omissions or other fault of the Contractor. The City shall be entitled to its costs and attorneys'
<br />fees incurred in any action to enforce the provisions of this Section 8.0. The Contractor's
<br />indemnification obligation shall not be construed to extend to any injury, loss, or damage which is
<br />caused by the act, omission, or other fault of the City.
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