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<br />8.2.3 This insurance will be in force during the life of the Agreement and <br />any extensions of it and will not be canceled without thirty (30) days prior <br />written notice to City sent pursuant to the Notice provisions of this <br />Agreement. <br /> <br />8.3 Providina Certificates of Insurance and Endorsements. Prior to City's <br />execution of this Agreement, District will furnish certificates of insurance and <br />endorsements to City. <br /> <br />8.4 Failure to Maintain Coveraae. If District fails to maintain any of these <br />insurance coverages, then City will have the option to declare District in breach, <br />or may purchase replacement insurance or pay the premiums that are due on <br />existing policies in order to maintain the required coverages. District is <br />responsible for any payments made by City to obtain or maintain insurance and <br />City may collect these payments from District or deduct the amount paid from <br />any sums due District under this Agreement. <br /> <br />8.5 Submission of Insurance Policies. City reserves the right to require, at <br />anytime, complete and certified copies of any or all required insurance policies <br />and endorsements. <br /> <br />8.6 Reduction in Coveraae/Material Chanaes. District will notify City thirty <br />(30) days prior to any reduction in any of the insurance coverage required <br />pursuant to this Agreement or any material changes to the respective insurance <br />policies. <br /> <br />9. Mutual Indemnification. District will defend, indemnify and hold <br />harmless City and its officers, agents, employees and volunteers from and against all <br />claims, damages, losses and expenses including attorney fees arising out of the <br />performance of the Services, caused in whole or in part by the willful misconduct or any <br />negligent act or omission of the District, any subcontractor, anyone directly or indirectly <br />employed by any of them or anyone for whose acts any of them may be liable, except <br />where caused by the active negligence, sole negligence, or willful misconduct of City. <br /> <br />City will defend, indemnify and hold harmless District and its officers, agents, <br />employees and volunteers from and against all claims, damages, losses and expenses <br />including attorney fees arising out of the performance of the Services, caused in whole <br />or in part by the willful misconduct or any negligent act or omission of the City, any <br />subcontractor, anyone directly or indirectly employed by any of them or anyone for <br />whose acts any of them may be liable, except where caused by the active negligence, <br />sole negligence, or willful misconduct of District. <br /> <br />10. Dispute Resolution. Should any dispute arise out of this Agreement, the <br />Parties shall meet in mediation and attempt to reach a resolution with the assistance of <br />a mutually acceptable mediator. The costs of the mediator, if any, shall be paid for by <br />District. If a mediated settlement is reached, neither Party shall be the prevailing party <br /> <br />A TTY/AGR/201 0.029 <br />041410 <br /> <br />5 <br />