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9. INDEMNIFICATION <br /> The Contractor shall be responsible for all damages to property or persons to the extent caused by the <br /> Contractor's negligent act, errors and/or omissions in the performance of this contract and shall <br /> indemnify and hold harmless the City,its officers,and employees from all actions,claims,or damages <br /> resulting therefrom. The Contractor shall assume all restitution and repair costs arising out of its <br /> negligent act,error,and/or omission. <br /> The Contractor agrees to indemnify and hold harmless the City and its elected or appointed officials, <br /> employees, agents, and officers against any claims made by employees of the Contractor or any of <br /> their subcontractors, as well as all other persons, arising out of, related to, or resulting directly from <br /> this Agreement to the extent such losses,damages,injuries,and liabilities are caused by negligence of <br /> the Contractor. This Agreement shall apply to all such damages, except for those caused by City I <br /> intentional misconduct.This indemnification shall survive the termination of this Agreement and apply <br /> to the fullest extent of the law. In the event that any provision hereof is determined to be <br /> unenforceable, the indemnification obligations shall be severable and the fullest extent of <br /> indemnification that may lawfully apply shall remain in full force and effect.This indemnification shall <br /> not be limited in any way by limitations on the amount or type of damages,compensation,or benefits <br /> payable or for the Contractor under Workers' Compensation Acts, disability benefit acts, or other <br /> employee benefit acts, and serves as an express agreement to waive protection of Kotecki v. Cyclops <br /> Welding Corp, 146 111.2d 155 (1991). Notwithstanding anything foregoing to the contrary,the Parties <br /> shall not indemnify each other for any liabilities,damages,costs,or expenses resulting from the other <br /> party's own willful misconduct or negligence.The City does not waive its defenses or immunities under <br /> the Local Government and Governmental Employees Tort Immunity Act,745 ILCS 10/1 et seq.,or other <br /> such immunity statute or common law, by reason of indemnification or insurance. <br /> 10. INSURANCE,LICENSURE,AND INTELLECTUAL PROPERTY <br /> The Contractor, prior to the execution of the contract, shall obtain and keep in force during the <br /> performance of work under any contract,the following insurance coverages, provided by companies <br /> acceptable to the City and authorized to transact business in the state of Illinois. The insurance <br /> companies will be rated by A.M. Best&Company with a rating not lower than A-and have a financial <br /> rating of VI. Coverage limits shall be written at not less than the minimum specified in this section. <br /> Higher minimum limits and additional coverages may be specified by a special condition elsewhere in <br /> the contract. Workers compensation insurance shall be provided according to the provisions of the <br /> Illinois Workers Compensation Act,as amended. <br /> Employers Liability <br /> a. Each Accident $500,000 <br /> b. Disease—policy limit $500,000 <br /> c. Disease—each employee $500,000 <br /> 3 <br />