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notify City of such appointment in the manner specified in <br />paragraph 24 hereof. <br /> <br /> Within ten (10) days after the appointment by Company of <br /> <br />the second arbitrator, the two arbitrators shall appoint a third <br />arbitrator. <br /> <br /> The three arbitrators shall forthwith meet and determine <br />whether or not Company has failed to perform its duties, or if its <br />service has been defective, in any substantial respect. If they <br />so find and determine, this agreement, and the permit or license, <br />shall forthwith terminate at the option of City's City Council. <br />If the arbitrators find and determine that Company has not <br />failed to perform its duties, or its service has not been <br />defective in any substantial respect, this agreement shall con- <br />tinue in full force and effect. City and Company shall each <br />pay one-half (%) of the arbitrators' fees and expenses. <br /> <br /> 16. Defend and Hold Harmless Agreement - Insurance. Company <br /> shall defend, save and hold City, its Council, boards, commissions, <br /> officers, agents and employees harmless from any and all actions, <br /> claims or damages which it or they might sustain because of any <br /> debt, personal injury or property damage arising out of the <br /> operations of Company hereunder, and for such purpose shall take <br /> out and maintain the following: <br /> <br /> (a) Company shall take out and maintain during the life <br /> of this agreement Workers' Compensation insurance <br /> for all its employees employed for the collection of <br /> garbage pursuant to this agreement. Company shall <br /> be responsible to city for any loss or damage re- <br /> sulting to it from failure of Company to take out <br /> and/or maintain such insurance; <br /> <br /> (b) Company shall take out and maintain during the life <br /> of this agreement such Public Liability and <br /> Property Damage insurance, with City as a named <br /> insured, as shall protect City, its Council, <br /> commissions, boards, officers, agents and employees <br /> from claims for damages for personal injury, in- <br /> cluding accidental death, as well as from claims <br /> for property damage, including loss of the use of <br /> property, which may arise from Company's operations <br /> under this agreement, whether such operations be <br /> by Company or by anyone directly or indirectly <br /> contracted with or employed by Company, and the <br /> <br /> -6- <br /> <br /> <br />