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C. Certificates of insurance shall be provided by the BID and its contractors as <br />evidence that policies providing the required coverages, conditions, and minimum limits <br />are in full force and effect, and shall be subject to review and approval by the City <br />Representative. No required coverage shall be cancelled, terminated or materially <br />changed until at least 30 days prior written notice has been given to the City. The City <br />reserves the right to request and receive a certified copy of any policy and any <br />endorsement thereto. <br />d. Failure on the part of the BID or its contractors to procure or maintain <br />policies providing the required coverages, conditions, and minimum limits shall constitute <br />a material breach of contract upon which the City may immediately terminate this <br />Agreement, or at its discretion may procure or renew any such policy or any extended <br />reporting period thereto and may pay any and all reasonable premiums in connection <br />therewith, and all monies so paid by the City shall be repaid by the BID to the City upon <br />demand, or the City may offset the cost of the premiums against any monies due to the <br />BID from the City. <br />13. Indemnity and Release. <br />a. The BID shall be solely responsible for any damages suffered by the City or <br />others as a result of the BID's use and occupancy of the Premises. To the extent <br />permitted by law, the BID agrees to indemnify and hold the City, its elected and appointed <br />officers, agents, volunteers and employees harmless from and against all liability, claims, <br />damages, losses, and expenses, including but not limited to attorneys' fees, arising out <br />of, resulting from, or in any way connected with (a) the BID's use and occupancy of the <br />Premises; (b) the conduct of the Event; (c) any liens or other claims made, asserted or <br />recorded against the Premises as a result of the BID's use or occupancy thereof; or (d) <br />the rights and obligations of the BID under this Agreement. <br />b. To the extent permitted by law, the City agrees to indemnify and hold the <br />BID, its elected and appointed officers, agents, volunteers and employees harmless from <br />and against all liability, claims, damages, losses, and expenses, including but not limited <br />to attorneys' fees, arising out of, resulting from, or in any way connected with (a) the <br />City's, including the Department's, use and occupancy of the Premises; (b) the conduct <br />of a program; (c) any liens or other claims made, asserted or recorded against the BID <br />Equipment as a result of the City's use or occupancy thereof; or (d) the rights and <br />obligations of the City under this Agreement. <br />9 <br />