Agmt13 Nichols Diamond Tool, Inc.

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8.1.4 Emplover's Liability Insurance. Contractor shall maintain coverage with limits not less than $1,000,000 per each accident for bodily injury or disease. 8.2. Notice of Cancellation. Contractor will immediately notify City in writing upon receipt of notice of cancellation or non-renewal of any insurance policy required under this Agreement. 8.3 Providinq Certificates of Insurance and Endorsements. Contractor shall provide certificates of insurance and above-referenced endorsements, sufficient to satisfaction of City's Risk Manager, concurrently with the execution of this Agreement. 8.4 Failure to Maintain Coveraae. If Contractor fails to comply with these insurance requirements, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete copies of any or all required insurance policies and endorsements. 9. Indemni . Contractor shall, to the fullest extent allowed by law, with respect to all services pertormed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers ("Indemnitees"), harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable ("Claims"). Contractor will bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorneys fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is caused by the sole negligence or willful misconduct of the City. With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type of express or implied indemnity against the Indemnitees. REV:11-04-13 VR ATTY/AGR/2013.215/NICHOLAS CONCRETE CUTTING Page 4 of 12