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Contractor shall be solely responsible for any deductible losses under each of the
<br /> policies required above.
<br /> 7.3 Certificates of insurance shall be provided by the Contractor as evidence that
<br /> policies providing the required coverages, conditions, and minimum limits are in full
<br /> force and effect, and shall be subject to review and approval by the City. No
<br /> 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 the
<br /> 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 Contractor 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 Contractor to the City upon demand,
<br /> or the City may offset the cost of the premiums against any monies due to
<br /> Contractor from the City.
<br /> 7.5 The parties understand and agree that the City is relying on, and does not waive or
<br /> intend to waive by any provision of this contract, the monetary limitations (presently
<br /> $150,000 per person and $600,000 per occurrence) or any other rights,
<br /> immunities, and protections provided by the Colorado Governmental Immunity Act,
<br /> § 24-10-101 et seq., 10 C.R.S., as from time to time amended, or otherwise
<br /> available to the City, its officers, or its employees.
<br /> 8.0 INDEMNIFICATION
<br /> To the fullest extent permitted by law, the Contractor agrees to indemnify and hold
<br /> harmless the City, and its elected and appointed officers and its employees, from and
<br /> against all liability, claims, and demands, on account of any injury, loss, or damage, which
<br /> arise out of the Services hereunder, if such injury, loss, or damage is caused by the
<br /> negligent act, omission, or other fault of the Contractor or any subcontractor of the
<br /> Contractor, or any officer, employee, or agent of the Contractor or any subcontractor, or
<br /> any other person for whom Contractor is responsible. The Contractor shall investigate,
<br /> handle, and respond to, any such liability, claims, and demands to the extent they are
<br /> directly caused by the Contractor's negligent acts, errors, or omissions. The Contractor
<br /> shall further bear all other costs and expenses incurred by the City or Contractor 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 directly due to such negligent acts, errors, and omissions or other fault
<br /> of the Contractor. The City shall be entitled to its costs and attorneys' fees incurred in
<br /> any action to enforce the provisions of this Section 8.0 to the extent of the Contractor's
<br /> role and responsibility on this project and only if found liable by the courts. The
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