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Automobile liability and property damage insurance, including coverage for non- <br />owned and hired vehicles, in limits as for comprehensive general public liability <br />coverage stated above. <br /> <br />The City shall be named as an additional insured on the above policies for coverage needed <br />only for work as specified in this contract, which endorsement shall provide that <br />coverage may not be terminated or changed by the insurer except upon 30 days' written <br />notice to the City Administrator. <br /> <br />No policy shall contain any provisions for exclusions from liability other than <br />provisions for exclusion from liability forming part of the standard basic unamended and <br />unendorsed form of policy, except that no exclusion will be permitted in any event if it <br />conflicts with a coverage expressly required in this contract, and in addition, no policy <br />shall contain any exclusion from bodily injury to, or sickness, disease or death of any <br />coverage under the contractual liability endorsement of the liability of the Contractor <br />under this contract. Compliance by the contractor with the foregoing requirements to <br />carry insurance and furnish certificates shall not relieve the Contractor from liability <br />assumed under any provisions of this contract. <br /> <br />SECTION 7. <br /> <br />INDEMNIFICATION <br /> <br />The Contractor shall indemnify and hold harmless the City and its officers, agents and <br />employees from and against all claims, damages, losses or expenses, including attorney <br />fees, for which it may be held liable, arising out of or resulting from the assertion <br />against them of any claims, debts or obligations in consequence of the performance of <br />this agreement by the Contractor, its employees, agents or subcontractors. <br /> <br />SECTION 8. <br /> <br />TERMINATION <br /> <br />The City shall have the right to terminate this Agreement prior to the expiration of its <br />term if in the City's opinion, there has been a breach of its terms by the Contractor. <br /> <br />SECTION 9. <br /> <br />PENALTIES AND DAMAGES <br /> <br />Failure by the Contractor to perform under this contract, may result in its <br />termination and/or claims by the City for damages. <br /> <br />In the event of breach of this contract by Contractor, or proven negligence of the <br />Contractor, the Contractor agrees to pay, in addition to the actual damages <br />sustained by the City as a result thereof, the reasonable attorney's fees incurred <br />by the City in pursuing any of its rights under this contract. <br /> <br />SECTION 10, <br /> <br />SUCCESSORS AND ASSIGNS <br /> <br />The Contractor binds itself, its successors, executors, administrators and assigns to the <br />City in respect to all covenants of this contract, except that the Contractor shall not <br />assign or transfer any part of its interest in this contract nor shall the Contractor <br />assign any monies due, or to become due, without the City's written consent. <br /> <br />SECTION 11. <br /> <br />AMENDMENT MODIFICATION OR WAIVER <br /> <br />No amendment, modification, or waiver of any condition, provision, or term of this <br />contract shall be valid or of any effect unless made in writing, signed by the party or <br /> <br /> <br />