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demonstrate its financial ability to self-insure the insurance coverage and limit requirements
<br /> required under Subsection (a) of this Section, such as evidence that ADM is a "private self-
<br /> insurer" under the Workers Compensation Act.
<br /> (e) Effect of Insurance and Self-Insurance on ADM's Liability. The legal liability of ADM to the
<br /> City of Decatur and any person for any of the matters that are the subject of the insurance
<br /> policies or self-insurance required by this Section shall not be limited by such insurance
<br /> policies or self-insurance or by the recovery of any amounts thereunder.
<br /> S. ADM shall defend, indemnify and hold the CITY and its elected and appointed officials and
<br /> officers, employees, agents and representatives harmless from and against any and all injuries,
<br /> claims, demands, judgments, damages, losses and expenses, including reasonable attorney's
<br /> fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result
<br /> from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of ADM or
<br /> its affiliates, officers, employees, agents, contractors or subcontractors in the construction,
<br /> operation or maintenance of the overhead conveyor system, whether such acts or omissions are
<br /> authorized, allowed or prohibited by this License, provided, however, that ADM's indemnity
<br /> obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages,
<br /> losses or expenses arising out of or resulting from the sole negligence, misconduct or breach of
<br /> this License by the CITY, its officials, officers, employees, agents or representatives.
<br /> 6. In the event the overhead conveyor system becomes inoperable or unused for a period in
<br /> excess of 180 consecutive days, ADM shall dismantle and remove the overhead conveyor system
<br /> and remove all equipment and structures from Faries Parkway and public right-of-way. In the
<br /> event ADM fails to accomplish such dismantling and removal of the overhead conveyor system,
<br /> the CITY shall be authorized to dismantle and remove any part or all of the overhead conveyor
<br /> system and ADM shall be responsible for all costs incurred by the CITY to perform such work. In
<br /> the event ADM abandons the overhead conveyor system or materially fails to comply with the
<br /> terms and conditions of this License, the CITY may order ADM to dismantle and remove the
<br /> overhead conveyor system. In the event of such demand, ADM shall be authorized to and shall
<br /> be obligated to dismantle and remove all structures and equipment from Faries Parkway and
<br /> the public right-of-way within ninety (90) days of such demand. If the CITY incurs any costs
<br /> related to such dismantling or removal, ADM shall reimburse the CITY for such costs.
<br /> 7. In the event the Director of Public Works of the CITY determines, after reasonable analysis, that
<br /> the overhead conveyor system creates a hazard to the public or to traffic traveling along Faries
<br /> Parkway, the CITY may order the reconstruction, repair or removal of the overhead conveyor
<br /> system to eliminate the hazard. in the event of such order, ADM shall reconstruct, repair or
<br /> .remove the overhead conveyor system to eliminate the identified hazard. In the event that
<br /> ADM does not comply with such order from the CITY, the CITY can perform the reconstruction,
<br /> repair or removal, and ADM shall be responsible for any costs incurred by CITY.
<br /> 8. In the event of a material breach of any terms or conditions of this License by ADM, the CITY
<br /> may provide notice to ADM of such breach. Thereafter, ADM shall have thirty (30) days from
<br /> the date of the notice to remedy the breach or to initiate action to remedy the breach if the
<br /> remedial action requires greater than thirty (30) days. In the event ADM fails to remedy the
<br /> breach or initiate remedial action within the allowed time, the CITY may terminate this License.
<br /> In the event of termination of this License, ADM shall dismantle and remove all structures and
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