|
^ SECTION IT: CITY:
<br />The City agrees to:
<br />1. Report all claims and losses to Ward in a timely manner.
<br />2. Provide adequate funds for payment of losses and expenses.
<br />3. Provide up-to-date information on all excess insurance.
<br />4. Establish settlement authority of $1,000 per claim.
<br />5. Cooperate in the disposition of claims.
<br />6. Cooperate in the investigation of all claims.
<br />7. Pay the Ward service fee promptly.
<br />SECTION III: INDEMNIFICATION:
<br />The City agrees that it will indemnify and hold harmless Ward and its directors, officers,
<br />employees, subsidiaries, shareholders and affiliates from and against any and all claims, loss,
<br />liability, costs, damages, and reasonable attorney's fees incurred by Ward as the direct or indirect
<br />result of any misconduct, error or omission of the City or any of the City's directors, officers,
<br />employees, subsidiaries or affiliates, taken in connection with the furtherance or performance of
<br />any provision of this Agreement, or as a result of instructions given by the City to Ward, which
<br />the latter follows, provided that said claims, loss, liability, costs, damages, and reasonable
<br />attorney's fees have not been directly caused by any misconduct, error or omission by Ward, its
<br />directors, officers, employees, subsidiaries and affiliates.
<br />Ward agrees that it will indemnify and hold harmless the City and its directors, officers,
<br />employees, subsidiaries and affiliates from and against any and all claims, loss, liability, costs,
<br />damages, and reasonable attorney's fees incurred as the direct or indirect result of any
<br />misconduct, error or omission of Ward or any of its directors, officers, employees, subsidiaries,
<br />shareholders or affiliates, taken in connection with the furtherance or performance of any
<br />provision of this Agreement, provided that said claims, loss, liability, costs, damages, and
<br />reasonable attorney's fees have not been directly caused by any misconduct, error or omission of
<br />the City, its directors, officers, employees, subsidiaries and affiliates.
<br />-2-
<br />
|