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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 Agreement, the monetary limitations or any other rights,
<br />immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-
<br />10-101 et seg., C.R.S., as from time to time amended, or otherwise available to the City,
<br />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 and to the extent such injury, loss, or damage is caused by the negligent
<br />act, omission, or other fault of the Contractor or any subcontractor of the Contractor , or any
<br />officer, employee, or agent of the Contractor or any subcontractor, or any other person for whom
<br />Contractor is responsible. The Contractor shall investigate, handle, respond to, and provide
<br />defense for and defend against any such liability, claims, and demands. The Contractor shall
<br />further bear all other costs and expenses incurred by the City or Contractor and related to any such
<br />liability, claims and demands, including but not limited to court costs, expert witness fees and
<br />attorneys' fees if the court determines that these incurred costs and expenses are related to such
<br />negligent acts, errors, and omissions or other fault of the Contractor. Notwithstanding the
<br />foregoing, Contractor 's duty to defend, indemnify and hold harmless the City, and its elected and
<br />appointed officials and employees as set forth in this section shall only arise upon determination,
<br />by adjudication, alternative dispute resolution, or mutual agreement between Contractor and the
<br />City, of the Contractor's liability or fault. The City shall be entitled to its costs and attorneys' fees
<br />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.
<br />9.0 QUALITY OF WORK
<br />Contractor'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.
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