R2013-62 AUTHORIZING EXECUTION OF ENERGY AND WATER EFFICIENCY SERVICES AGREEMENT

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or seal of architects or engineers licensed in the State of Illinois. The COMPANY shall be 9 . contractors or sub- subcontractors, for all of its obligations, whether performed directly or by its sub p 9 subcontractors, as set forth in this Agreement. If the COMPANY fails to comply with the foregoing standards, the COMPANY shall perform again, at its own expense, any and all Work required to be re-performed as a direct result of such failure. Any review, approval, acceptance or payment for any and all of the COMPANY's performance by the CITY shall not relieve the COMPANY of its responsibility to perform its obligations under this Agreement. This provision in no way limits the CITY'S rights against the COMPANY either under this Agreement in law or in equity. 1.3 Insurance. The COMPANY shall purchase, maintain and provide evidence of insurance coverage of the types, in the amounts and for the periods specified in Schedule O. Subsequent to the Commencement Date described in paragraph 5.1 hereof, the CITY shall be responsible for providing insurance coverage on the EMs. The COMPANY may not commence performance of the Work or other services under this Agreement until all required insurance is obtained and evidence of it is received and approved by the CITY as described in paragraph 2.2, but the failure of the CITY to obtain such evidence from the COMPANY before permitting the COMPANY to commence the Work shall not be deemed to be a waiver by the CITY, and the COMPANY shall remain under a continuing obligation to obtain and maintain the required coverage and to supply evidence of coverage in accordance with Schedule O. The COMPANY's failure to obtain or keep such insurance in force shall constitute an Event of Default under this Agreement within the meaning of Article 11, and in addition to the remedies provided therein, the CITY reserves the right to stop the Work until evidence of the requisite coverage is provided. The COMPANY shall require all subcontractors performing any portion of the Work to carry the insurance required in Schedule O and the COMPANY may, at its option, provide the coverage for any or all subcontractors, and, if so, the evidence of insurance submitted shall so stipulate. The COMPANY and each of its subcontractors and CITY each agree that their respective insurers shall waive rights of subrogation. The COMPANY shall timely renew the required insurance as necessary to keep such coverage in effect until the Commencement Date and shall supply the CITY, not less than thirty (30) days prior to any expiration or renewal dates for such insurance policies, with evidence of all required insurance including updated replacement Certificates of Insurance and amendatory riders or endorsements that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage, as was provided by the Certificates of Insurance, amendatory riders or endorsements originally supplied. The COMPANY expressly understands and agrees that any insurance protection furnished by the COMPANY hereunder shall in no way limit its responsibility to indemnify and save harmless the CITY under the provisions of this Agreement. 1.4 Performance and Labor and Material Payment Bonds. The COMPANY shall, as soon as practicable following the execution date set forth in Article 15 hereof, and prior to commencing the Work, deliver to the CITY a Performance Bond and a Labor and Material Payment Bond securing its obligations to be performed under this Agreement until the Acceptance of the Work by the CITY. Each bond shall be in the amount set forth in Schedule O hereof. 2