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~. . ' i <br />of the amount to which Contractor was entitled under this contract, Contrac- <br />tor sha71 promptly pay to Ci.ty the amount of such excess. . If the excess is <br />greater than one percent of the contract ~mount, Contractor shall also reim- <br />burse City its reasonable costs incurred in performing the audit. <br />7. Indemnification. <br />Contractor shall indemnify and hold City, and its officers, agents and <br />employees, harmless from and against all claims, actions, liabilities, costs, <br />including attorney fees and other costs of defense, arising out of or in any <br />way related to the Work or other actions or failure to act by Contractor and <br />Contractor's employees, agents, officers and contractors. In the event any <br />such action or claim is brought against City, Contractor shall, if City so <br />elects and upon tender by City, defend the same at Contractor's sole cost and <br />expense, promptT`j5-satisfy any judgment adverse to City or to City and Con- <br />tractor, jointly, and reimburse City for any loss, cost, damage or expense, . <br />including attorney fees, suffered or incurred by City. ~ <br />8. Insurance. <br />Contractor shall maintain in force for the duration of this contract the <br />insurance coverages specified below. Each policy required by these provi- <br />sions shall be writterr as a primary policy, not contributing with or in <br />excess of any coverage whach City may carry. A copy of each policy or a <br />certificate satisfactory to City shall be del.ivered to City prior to com- <br />mencement of the Work. Unless otfierwise specified, each policy shall be <br />written on an "occurrence" form with an admitted insurance carrier licensed <br />to do business in the state of Oregon and shall contain an endorsement enti- <br />tling City to not less than 30 ~days prior written notice of any material <br />change, nonrenewal or cancellation. In the event the statutory limit of <br />liability of a public body for claims arising out of a single accident or <br />occurrence is increased ab'ove tfi e combined single limit coverage requirements <br />specified below, City shall have the right to require Contractor to increase <br />the Contractor's coverages'to the =statutory limit for such claims and to <br />increase the aggregate coverage to twice the amount of the statutory limit. <br />The adequacy of all insurance required by these provisions shall be subject <br />to approval by City's Risk'Manager. Failure to maintain any insurance cover- <br />age required by this contract shal'l be cause for immediate termination of <br />this contract by City. <br />8.1 Comprehensive General Liability. <br />Con shall main~tain a broad form comprehensive general liability <br />insurance policy wi_ a e of not less than $500,000 combined single <br />limit per occurrence, with agg e of $1 million, for bodily injury, per- <br />sonal injury.or property d'amage. Suc 'cy shall contain a contractual <br />liability endorsement to cover Contractor's i nification obligations under <br />this contract. The policy shal.l also contain an en rs ement naming City as <br />an additional insured, in'a form satisfactory to City, and~exp ressly provid- <br />ing that the interest of C.ity shall not be affected by Contractor~.s breach of <br />policy provisions. ~ ., <br />~ ,~'pS <br />Personal Services Contract; - 4 ~~j (,~~ <br />/~' . <br />l. <br />