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<br />SECTION 11 - Termination <br /> <br />(a) <br /> <br />After notification of default by the Customer and NORESCO's failure to <br />cure such default in accordance with Sections 6 and 7 of this Agreement, <br />Customer may terminate this Agreement for cause upon thirty (30) days <br />written notice to NORESCO , provided that Customer pays to NORESCO <br />all amounts due to NORESCO up to the date of termination. <br /> <br />SECTION 12 - Indemnification/Limit of Liability <br />(a) NORESCO hereby agrees to indemnify and save harmless City, its <br />Council, officers, boards, commissions, agents and employees of and <br />from any and all claims, suits or actions of every name, kind and <br />description which may be brought against City, its Council, officers, <br />boards, commissions, agents, or employees by reason of any injury to or <br />death of any person or damage suffered or sustained by any person or <br />corporation, caused by, or alleged to have been caused by, any act or <br />omission to act, negligent or otherwise, of NORESCO, its officers, agents <br />or employees in the performance of any work required of NORESCO by <br />this Agreement. <br /> <br />The duty of NORESCO to indemnify and save harmless, as set forth <br />herein, shall include a duty to defend as set forth in Section 2778 of the <br />California Civil Code; provided, however, that nothing herein shall be <br />construed to require Customer to indemnify City, its Council, officers, <br />boards, commissions, agents and employees against any responsibility or <br />liability in contravention of Section 2782 of the California Civil Code. <br /> <br />(b) <br /> <br />NORESCO 's liability to Customer, whether in tort, contract, operation of <br />law or otherwise, shall be limited to ten million dollars ($10,000,000.00). <br /> <br />SECTION 13 - Insurance and Bond <br /> <br />NORESCO , at its sole cost and expense, shall acquire and maintain in full force <br />and effect throughout the term of this Agreement Workers' Compensation, <br />employer's liability, commercial general liability, and owned, non-owned and hired <br />automobile liability insurance coverage relating to NORESCO 's Work to be <br />performed hereunder covering City's risks in form subject to the approval of the <br />City Attorney. The minimum amounts of coverage corresponding to the aforesaid <br />categories of insurance per insurable event shall be as follows: <br /> <br />- 7 - <br /> <br />12/12/00 <br />