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each of Contractor's owned, hired or non -owned vehicles assigned <br />to or used in performance of the services. The policy shall include <br />the City of Louisville, its officers and its employees, as additional <br />insured, with primary coverage as respects the City of Louisville, its <br />officers and its employees, and shall contain a severability of <br />interests provision. If the Contractor has no owned automobiles, <br />the requirements of this paragraph shall be met by each employee <br />of the Contractor providing services to the City of Louisville under <br />this Agreement. <br />7.2 A certificate of insurance shall be completed by the Contractor's insurance <br />agent(s) as evidence that policies providing the required coverage, conditions <br />and minimum limits are in full force and effect and shall be subject to review <br />and approval by the City prior to commencement of any services under this <br />Agreement. <br />7.3 The Contractor shall not be relieved of any liability, claims, demands, or other <br />obligations assumed pursuant to this Agreement by reason of its failure to <br />procure or maintain insurance, or by reason of its failure to procure or maintain <br />insurance in sufficient amounts, durations, or types. Failure on the part of the <br />Contractor to procure or maintain policies providing the required coverages, <br />conditions, and minimum limits shall constitute a material breach of contract <br />upon which the City may immediately terminate this Agreement, or at its <br />discretion may procure or renew any such policy and may pay any and all <br />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 <br />of the premiums against any monies due to Contractor from the City. <br />7.3 The parties hereto understand and agree that the City is relying on, and does <br />not waive or intend to waive by any provision of this Agreement, the monetary <br />limitations (presently $150,000 per person and $600,000 per occurrence) or <br />any other rights, immunities, and protection provided by the Colorado <br />Governmental Immunity Act, 24 -10 -101 et seq., 10 C.R.S., as from time to <br />time amended, or otherwise available to the City, its officers, or its <br />employees. <br />8.0 INDEMNIFICATION <br />8.1 The Contractor shall bear all risks of Toss, damage, theft or destruction of <br />materials, equipment or supplies used in the performance of the work herein <br />that are owned by the Contractor. To the fullest extent permitted by law, the <br />Contractor agrees to indemnify and hold harmless the City, and its elected <br />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 <br />are connected with the services hereunder, if such injury, loss, or damage is <br />caused by the negligent act, omission, or other fault of the Contractor or any <br />4 <br />