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, <br /> _ <br /> I <br /> ~ ~ 1 <br /> i + <br /> I <br /> i <br /> I <br /> i <br /> I <br /> AgencylSfiate <br /> No.2.53~8 <br /> E and its divisions officers and em to ees as Additional Ensured but onl <br /> } pY Y <br /> with respect to tl7e Contractor's activities to be performed under this <br /> Contract. coverage shall be primary .and non-contributory with any other <br /> insurance and self~insurance. <br /> 8, Notice of cancellation or Change. There shall be no cancellation, material <br /> change,. poten~iaE exhaustion of aggregate.. lirnits or non~renewal of insurance <br /> coverages} without thirty ~30~ days written notice from the contractor ar its <br /> insurers} to State end Agency. Any failure to comply with the reporting <br /> provisions of this clauseshall constitute a material breach of Contract and <br /> shall be grounds for immediate termination of this Contract. <br /> I <br /> I <br /> g. Agency shall, to the extent permitted by the Oregon Constitution and the <br /> Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the <br /> Mate of Oregon, Oregon Trenspor~ation Commission and its members, y <br /> t <br /> . Department of Transportation, its officers and emplpyees from any and alE <br /> claims, sits, and Eiabilities which may occur in the performance of this <br /> Project ~ E <br /> ~ 0. Notwithstanding the foregoing defense oblEgations under the paragraph <br /> above, neither Agency nor any attorney engaged by Agency shall defend any <br /> clairr~ in the nave of the State of Oregon or any agency of the State of <br /> Oregon, nor purport to act as legal representative of the State of Oregon or <br /> any of its agencies, without the prior written consent of the Orogan Attorney <br /> 4 General. The State of ire on ma at an ime at its election assume .its own <br /> g yr Yt . <br /> <br /> 3 .defense and settlement , in the event that. it determines that. Agency is <br /> prohibited franc defending the State of .Oregon, or that Agency is not <br /> adequately defending the State of Oregon's interests, or that an important <br /> governmental principle is at issue or that it is in the best interests of the State <br /> of Ore on to do so. The State of Ore on reserves all ri hts to ursue an <br /> g g g p Y <br /> claims it ma have a ainst A enc if the State of Ore on elects to assume its <br /> ~ Y g g Y g <br /> own defense. <br /> ; <br /> 1 .Agency shall be responsible far all casts not covered by State funding. State <br /> f <br /> funding is limited to $35g,~ 00.00. <br /> ~ 2. Agency shall be responsible for all costs and expenses related to its <br /> employment of individuals to perform the work. under this Agre~n~ent, including <br /> but not limited to, retirement system contributions, workers compensation, <br /> unemployment taxes, and state and federal ~vithhaldings, <br /> 4 <br /> . <br /> <br />