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7.4 Failure on the part of the Contractor to procure or maintain policies providing the
<br /> required coverages, conditions, and minimum limits shall constitute a material breach of
<br /> contract upon which the City may immediately terminate this Agreement, or at its
<br /> discretion may procure or renew any such policy or any extended reporting period
<br /> thereto and may pay any and all premiums in connection therewith, and all monies so
<br /> paid by the City shall be repaid by Contractor to the City upon demand, or the City may
<br /> offset the cost of the 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 contract, the monetary limitations (presently $150,000
<br /> per person and $600,000 per occurrence) or any other rights, immunities, and protections
<br /> provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., 10 C.R.S., as
<br /> from time to time amended, or otherwise available to the City, its officers, or its
<br /> 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,
<br /> claims, and demands, on account of any injury, loss, or damage, which arise out of the Services
<br /> hereunder, if such injury, loss, or damage is caused by the negligent act, omission, or other fault
<br /> of the Contractor or any subcontractor of the Contractor, or any officer, employee, or agent of
<br /> the Contractor or any subcontractor, or any other person for whom Contractor is responsible.
<br /> The Contractor shall investigate, handle, and respond to, any such liability, claims, and demands
<br /> to the extent they are directly caused by the Contractor's negligent acts, errors, or omissions.
<br /> The Contractor shall further bear all other costs and expenses incurred by the City or Contractor
<br /> and 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 and
<br /> expenses are directly due to such negligent acts, errors, and omissions or other fault of the
<br /> Contractor. 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 to the extent of the Contractor's role and responsibility
<br /> on this project and only if found liable by the courts The Contractor's indemnification obligation
<br /> shall not be construed to extend to any injury, loss, or damage which is caused by the act,
<br /> omission, or other fault of the City.
<br /> 9.0 QUALITY OF WORK
<br /> Contractor's Services shall be performed in accordance with the highest professional
<br /> workmanship and service standards in the field to the satisfaction of the City.
<br /> 10.0 INDEPENDENT CONTRACTOR
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