|
connected with the Work hereunder, if such injury, loss, or damage is caused by the
<br />negligent act, omission, or other fault of Artist or any subcontractor of the Artist, or any
<br />officer, employee, volunteer, or agent of the Artist or of any subcontractor, or any other
<br />person for whom Artist is responsible. Artist shall investigate, handle, respond to, and
<br />provide defense for and defend against any such liability, claims, and demands.
<br />Artist shall further bear all other costs and expenses incurred by the City or Artist and
<br />related to any such liability, claims and demands, including but not limited to court costs,
<br />expert witness fees and attorneys' fees if the court determines that these incurred costs
<br />and expenses are related to such negligent acts, errors, and omissions or other fault of
<br />the Artist. The City shall be entitled to its costs and attorneys' fees incurred in any action
<br />to enforce the provisions of this Section.
<br />The insurance coverage specified herein shall in no way lessen or limit the liability of the
<br />Artist under the terms of the Agreement. The Artist's indemnification obligation shall not
<br />be construed to extend to any injury, loss, or damage which is caused by the act, omission,
<br />or other fault of the City.
<br />7.2 Prior to commencing delivery and installation Services pursuant to Section 15.0 hereof,
<br />the Artist agrees to procure and maintain, at its own cost, the policies of insurance set
<br />forth in Subsections 7.2.1 and 7.2.3. The Artist shall not be relieved of any liability, claims,
<br />demands, or other obligations assumed pursuant to this Agreement by reason of its failure
<br />to procure or maintain insurance, or by reason of its failure to procure or maintain
<br />insurance in sufficient amounts, durations, or types. The coverages required below shall
<br />be procured and maintained with forms and insurers acceptable to the City. All coverages
<br />shall be continuously maintained from the date of commencement of Services under
<br />Section 15.0 until the conclusion of the Warranty Period set forth in Section 17.5; provided
<br />that, Artist may suspend the policies of insurance set forth in Subsections 7.2.1 and 7.2.2
<br />following Final Payment until such time as the Artist is required to perform work under the
<br />Artist's warranty set forth in Section 17.0 hereof, or elects to perform maintenance work
<br />pursuant to Section 16.0 hereof, at each such time the Artist shall provide the City with an
<br />updated certificate(s) of insurance showing the required coverages, which shall be
<br />continuously maintained during the warranty or maintenance work. The required
<br />coverages are:
<br />7.2.1 General Liability insurance with minimum combined single limits of $1,000,000 each
<br />occurrence and $2,000,000 aggregate. The policy shall include the City of Louisville,
<br />its officers and its employees, as additional insureds, with primary coverage as
<br />respects the City of Louisville, its officers and its employees, and shall contain a
<br />severability of interests provision.
<br />7.2.2 Comprehensive Automobile Liability insurance with minimum combined single limits
<br />for bodily injury and property damage of not less than $400,000 per person in any
<br />one occurrence and $1,000,000 for two or more persons in any one occurrence, and
<br />auto property damage insurance of at least $50,000 per occurrence, with respect to
<br />each of Artist's owned, hired or non -owned vehicles assigned to or used in
<br />performance of the Services. If the Artist has no owned automobiles, the
<br />requirements of this paragraph shall be met by each officer or employee of the Artist
<br />providing services to the City of Louisville under this contract.
<br />16
<br />
|