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City believes to be covered under this paragraph.The City shall tender,and Subrecipient shall <br /> promptly accept tender of, defense in connection with any claim or liability in respect of which <br /> indemnification under this paragraph; provided, however,that the counsel retained by <br /> Subrecipient to defend the City shall be satisfactory to the City; and the City shall be kept fully <br /> informed of the status of the proceeding. In the event that the Subrecipient,within ten (10) days <br /> after receipt of notice from the City of a claim or liability which the City believes to be covered <br /> under this paragraph,fails to advice the City in writing that the Subrecipient agrees that the City <br /> is entitled to indemnification under this paragraph based on the claim or liability, the City, <br /> without waiving or prejudicing any claim or right it may have to indemnification, under this <br /> paragraph, including the recovery of legal fees and expenses, may retain its on counsel and <br /> present its own defense in connection such claim or liability. <br /> B. The City shall not settle or compromise any claim,suit, action,or proceeding in respect of <br /> which the Subrecipient has agreed in writing that the City is entitled to indemnification.This <br /> paragraph shall survive the termination of the Agreement. <br /> Section 13. INSURANCE. Subrecipient shall carry and provide proof of sufficient insurance coverage to <br /> protect Project purchased assets from loss due to theft,fraud, and/or undue physical damage, as well as <br /> sufficient insurance coverage in an amount covering all agents, directors, employees and assigns in an <br /> amount necessary to indemnify and hold City harmless as set forth in this Agreement. <br /> A. Subrecipient must provide proof of adequate liability insurance and workers' <br /> compensation in the form of a Certificate of Insurance. The workers' compensation insurance <br /> shall cover all employed persons engaged in work under the Project to the full statutory limits <br /> set forth and required in the Illinois Workers' Compensation Act. <br /> B. The minimum acceptable levels of coverage areas follows: <br /> Type Minimum Liability Amounts <br /> Commercial General Liabilities: <br /> General Aggregate Minimum Limit $2,000,000 <br /> Products-completed Operations Aggregate Minimum Limit $2,000,000 <br /> Each Occurrence Minimum Limit $1,000,000 <br /> Commercial Automobile Liability: <br /> Bodily Injury& Property Damage Minimum Limit Each Occurrence $1,000,000 <br /> 6 <br />