R2013-12 AUTHORIZING EXTENDING THE TRANSIT MANAGEMENT AGREEMENT

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connection with the management and operation of the Transit System pursuant to this Agreement, and(iii) a standard policy of workers'compensation insurance covering all employees utilized in the operation of the Transit System in accordance with applicable law, together with employer's liability coverage of not less than $1,000,000 per employee per accident and $1,000,000 per employee for disease. Each such policy (a) shall be written by an insurer reasonably acceptable to CONTRACTOR, (b)shall,with the exception of the workers'compensation policy, 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 (30) 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.. 11