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<br />Ail of the above policies ofi insurance shall be primary insurance, and shall name
<br />the City, its officers, employees and agents as additionai insureds, except that
<br />the City shall not be named as an additional insured for the worker's compen-
<br />sation insurance coverage. The insurer shaU waive all rights of subrogation
<br />and contribution it may have against the City, its o�cers, employees and agents
<br />and their respective insurers. All of said policies of insurance shall provide
<br />that said insurance may not be amended or canceled without providing thirty
<br />(30) days prior written notice by registered mail to the City. In the event any
<br />of said policies of insurance are canceled, the Contractor shall, prior to the
<br />cancellation date, submit new evidence of insurance in conformance with
<br />this Section to the Utility Director. No work or services under this Agreement
<br />shall commence until the Contractor has provided the City with Certificates of
<br />Insurance in the standard ACCORD form or appropriate insurance coverages
<br />and said Certificates of lnsurance or binders are approved by the Utility Director.
<br />The Contractor agrees that the provisions of this Section shall not be construed
<br />as limiting in an�/ way the extent to which the Contractor may be held
<br />responsible for the payment of damages to the City or any persons or property
<br />resulting from the Contractor's activities or the activities of any person or
<br />persons for which the Contractor is otherwise responsible. In the event the
<br />Contractor subcontracts any portion of the services under this Agreement, the
<br />contract between the Contracto� and such subcontractor shall reqwire the
<br />subcontractor to maintain the same polices of insurance that the Contractor is
<br />required to maintain pursuant to this Section, and to name the City as an
<br />additional insured under the policies identified above, in accordance with all of
<br />the requirements of this Section.
<br />5.2 Indemnification, The Contractor agrees to defend and indemnify the City,
<br />its officers, employees and agents against, and will hold and save each of
<br />them harmless from, any and all damages, injuries, claims, actions, penalties,
<br />fines, obligations, eRors, omissions or iiabilities (herein "Claims OR Liabilities")
<br />that may be asserted or claimed by any person, firm or entity arising out of or
<br />in cor�nection with the perFormance of the work, operations or activities of the
<br />Contractor, its agents, employees, subcontractors or invitees hereunder, or that
<br />concems or in any way relates to the Studge to be removed, transported and
<br />treated or di'sposed of by the Contractor under this Agreement or from any
<br />actions, inactions and omissions of the Contractor, or arising from the
<br />Contractor's, its agents, employees, subcontractors or invitees hereunder, or
<br />that concems or in any way relates to the Sludge to be removed, fransported
<br />and treated �r disposed, of by the Contractor under this Agreement or from any
<br />actions, inactions and omissions of the Contractor, or arising from the
<br />Contractor's performance of or failure to perForm any term, provision, covenant
<br />or condition �f this Agreement, whether or not there is concurrent, passive
<br />or active negligence on the part of the City, its officers, employees or agents,
<br />who are dire'ctly responsible to the City. in connection with the indemnification
<br />provided in tt�is Section:
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