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PROFESSIONAL $1,000,000 Each Claim
<br /> LIABILITY/CONTRACTOR $1,000,000 Annual Aggregate
<br /> POLLUTION: (As long as
<br /> available under reasonable
<br /> terms,conditions,and cost
<br /> 7.3 CERTIFICATE OF INSURANCE: Upon request the contractor shall file with the City certified
<br /> copies of all insurance policies and all accompanying endorsements. The contractor shall supply
<br /> certificates of insurance setting forth the coverage, limits, and endorsements before the City will execute
<br /> the contract. The certificate of insurance shall include the CLIENT, its officers and employees as an
<br /> additional insured. In no event shall any failure of the CLIENT to receive certificates or to demand
<br /> receipt be construed as a waiver of the contractor's obligation to obtain and keep in force the required
<br /> insurance.
<br /> 7.4 NOTICE: It shall be an affirmative obligation upon FGA to advise the CLIENT via Fax No. 217-
<br /> 424-2728, or mail to Department of Development services, 1 GARY K. ANDERSON PLAZA,
<br /> DECATUR, IL 62523, within two days of the cancellation or substantive change of any insurance policy
<br /> set out above, and failure to do so shall be construed to be a breach of the contract.
<br /> 7.5 With respect to only such loss, damage, injury, or liability as is covered under the policies of insurance
<br /> and policy limits identified above, FGA agrees to save CLIENT harmless from and against loss, damage,
<br /> injury, or liability arising directly from the negligent acts or omissions of FGA employees, agents, and
<br /> subcontractors, and their employees and agents. If CLIENT requires higher insurance limits, additional
<br /> coverage's,or performance or payment bonding,FGA will endeavor to obtain such coverage,at CLIENT's
<br /> expense. It is the understanding and agreement of the parties, however, that FGA is unable to save
<br /> CLIENT harmless from and against any loss, damage, injury, or liability arising from any cause, beyond
<br /> the amount and coverage listed in this section. FGA shall be included as an additional and intended
<br /> beneficiary under any hold harmless agreements against third-party suits between CLIENT and owner or
<br /> any other third party, including without limitation any other contractor, subcontractor, or supplier who may
<br /> perform"Services" or provide material in connection with any study or report or design prepared by FGA.
<br /> Section 8: Liability and Indemnification
<br /> 8.1 FGA shall indemnify and hold harmless CLIENT and its officers, directors,partners, employees, and
<br /> agents from and against any and all claims, costs, losses, and damages for death, personal injury, or
<br /> damage to property (including, but not limited to, fees and charge of attorneys and other professionals
<br /> and court or arbitration and other dispute resolution costs) to the comparative extent the same have been
<br /> proximately caused by the negligent acts or omissions or willful misconduct of FGA or FGA's officers,
<br /> directors, partners, employees, agents, or subcontractors in the performance and furnishing of services
<br /> under this Agreement.
<br /> 8.2 CLIENT shall indemnify and hold harmless FGA and FGA's officers, directors,partners, employees,
<br /> agents, and subcontractors from and against any and all claims, costs, losses, and damages for death,
<br /> personal injury, or damage to property (including, but not limited to, fees and charges of attorneys and
<br /> other professionals and court or arbitration or other dispute resolution costs) to the comparative extent
<br /> the same have been proximately caused by the negligent acts or omissions or willful misconduct of
<br /> CLIENT or CLIENT's officers, directors,partners, employees, agents, CLIENT's other advisors.
<br /> 5 2/15/2012
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