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X. ADDITIONAL PROVISIONS
<br />a. Indemnity, Hold Harmless. The Subgrantee shall bear all loss, expense (including
<br />reasonable attorney's fees) and damage in connection with, and hereby releases and agrees to
<br />indemnify, defend, and hold harmless the City, its agents, servants and employees from and
<br />against all claims demands, losses expenses and judgments made or recovered against or suffered
<br />by the City, its agents, servants and employees from any cause whatsoever, arising out of,
<br />incidental to, or in connection with the construction of the Project, except to the extent such
<br />losses result solely due to any act or omission, including negligence, of the City or its or their
<br />employees, servants or agents.
<br />b. Independent Contractor. For the purpose of this Agreement, Subgrantee shall be
<br />deemed an independent contractor and not an employee or agent of the City. Any and all
<br />employees or agents of the Subgrantee shall not be considered employees or agents of the City.
<br />XL INSURANCE
<br />With respect to the Improvements, the Subgrantee shall cause the Owner to require the
<br />Contractor and its subcontractors to procure and maintain, at their sole expense and until
<br />completion of the Improvements, the following insurance coverages in at least the following
<br />amounts (unless otherwise agreed to by the City and the Subgrantee) and observe all
<br />requirements of the pertinent policies:
<br />(i) To the extent required under applicable law, workers' compensation in an amount
<br />not less than prescribed by law and employer's liability insurance in the amount of One Million
<br />Dollars ($1,000,000); and
<br />(ii) If applicable, automobile liability insurance (covering owned, non -owned, and
<br />hired) with a combined single limit of One Million Dollars ($1,000,000) per occurrence, which
<br />policy shall have a policy extension for sudden and accidental pollution coverage; and
<br />(iii) Commercial general liability insurance with limits of One Million Dollars
<br />($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily
<br />injury, including death, and property damage, which policy shall have a policy extension for
<br />broad -form completed operations, explosion, collapse, underground property damage, and
<br />environmental liability coverage; and
<br />(v) Umbrella liability insurance with limits of One Million Dollars ($1,000,000) per
<br />occurrence and Three Million Dollars ($3,000,000) in the aggregate covering claims in excess of
<br />the employer's liability, automobile liability and commercial general liability limits above.
<br />With the exception of workers' compensation/employers liability coverage, the City, the
<br />Subgrantee, and the Owner shall be named as additional insureds. All policies shall require that
<br />thirty (30) days' advance written notice be given to the City, the Subgrantee, and the Owner prior
<br />to cancellation. Prior to commencing construction of the Improvements, the Subgrantee shall
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