|
required coverage shall be cancelled, terminated or materially changed until at
<br />least 30 days' prior written notice has been given to the City. The City reserves
<br />the right to request and receive a certified copy of any policy and any endorsement
<br />thereto.
<br />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
<br />breach of contract upon which the City may immediately terminate this Agreement,
<br />or at its discretion may procure or renew any such policy or any extended reporting
<br />period thereto and may pay any and all premiums in connection therewith, and all
<br />monies so paid by the City shall be repaid by Consultant to the City upon demand,
<br />or the City may offset the cost of the premiums against any monies due to
<br />Consultant from the City.
<br />7.5 The parties understand and agree that the City is relying on, and does not waive
<br />or intend to waive by any provision of this Agreement, the monetary limitations or
<br />any other rights, immunities, and protections provided by the Colorado
<br />Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time
<br />amended, or otherwise available to the City, its officers, or its employees.
<br />8.0 INDEMNIFICATION
<br />8.1 To the fullest extent permitted by law, the Consultant agrees to indemnify and hold
<br />harmless the City, and its elected and appointed officers and its employees, from
<br />and against all liability, claims, and demands, on account of any injury, loss, or
<br />damage, which arise out of or are connected with the services hereunder, if and to
<br />the extent such injury, loss, or damage is caused by the negligent act, omission,
<br />or other fault of the Consultant or any subcontractor of the Consultant, or any
<br />officer, employee, or agent of the Consultant or any subcontractor, or any other
<br />person for whom Consultant is responsible. The Consultant shall investigate,
<br />handle, respond to, and provide defense for and defend against any such liability,
<br />claims, and demands. The Consultant shall further bear all other costs and
<br />expenses incurred by the City or Consultant and related to any such liability, claims
<br />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
<br />related to such negligent acts, errors, and omissions or other fault of the
<br />Consultant.
<br />8.2 The City shall be entitled to its costs and attorneys' fees incurred in any action to
<br />enforce the provisions of this Section 8.0. The Consultant's indemnification
<br />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 and is subject to the
<br />limitations in Colorado Revised Statutes Section 13-50.5-102.
<br />8.3 Notwithstanding the foregoing, if the Consultant is providing architectural,
<br />engineering, surveying or other design
<br />4
<br />
|