R2014-52 ACCEPTING PROPOSAL OF MV TRANSPORTATION, INC. FOR TRANSIT SYSTEM MANAGEMENT

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R omissions in connection with the management and operation of the Transit System pursuant to this Agreement. Each such policy (a) shall be written by an insurer reasonably acceptable to CONTRACTOR, (b) shall be endorsed to name CONTRACTOR, as defined above, as additional insureds,(c) shall provide that the coverage afforded thereby is primary as to CONTRACTOR and not excess, and(d) shall provide that it cannot be cancelled or materially altered without thirty(3 0)days prior written notice to CONTRACTOR. The CITY shall provide CONTRACTOR with certificate(s) evidencing compliance with the provisions of this section 17.A. B. The CITY shall indemnify, defend and hold harmless CONTRACTOR, its agents, servants and employees from and against any and all loss, liability, claims, damage, and expenses (including, without limitation, reasonable attorneys' fees and court costs),resulting from or arising out of the CITY's failure to furnish and maintain the insurance policies required by Subsection 17.A. above in accordance with the terms thereof. In the event of any such failure, CONTRACTOR may, at its sole option, furnish such policy or policies without prejudice to any other remedy CONTRACTOR may have. The cost and expense of furnishing and maintaining such policy or policies shall be deemed an operating expense of the Transit System payable in accordance with the provisions of Section 9. The foregoing shall not, however,apply to criminal penalties or fraud committed by any of CONTRACTOR's resident management personnel or by any employee of its SUB-CORPORATION. 18. WAIVER OF SUBROGATION The CITY hereby releases and agrees to indemnify, defend and hold harmless CONTRACTOR, as defined above, from and against any and all liability for loss of or damage to the buses or other properties of the CITY during the term of this Agreement or any renewal or extension thereof. The CITY hereby waives on behalf of itself and its insurer(s), any and all rights of subrogation against CONTRACTOR, as defined above. 11