R2001-115 AUTHORIZING EXECUTION OF AN AGREEMENT

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, , . , 6.4 WAIVER OF RIGHTS The CONTRACTOR and all of its insurers shall waive all rights of recovery or subrogation against the CITY and its insurance companies. 6.5 SAFETY RULES AND REGULATIONS The CONTRACTOR shall be responsible�or compliance with all safety rules and regulations of the Federal Occupational Safety and Health Act of 1970 and those of all applicable State and local Acts, Laws or Regulations during the conduct of and the CONTRACTOR's performance of this Contract. The CONTRACTOR shall indemnify the CITY for fines, penalties and corrective measures that result from the acts of commission or omission of the CONTRACTOR, its subcontractors, if any, agents, employees and assigns and their failure to comply with such safety rules and regulations. 6.6 NOTICES The CITY will give the CONTRACTOR prompt notice in writing of the institution of any suit or proceeding and permit the CONTRACTOR to defend same, and will give all ' needed information and assistance to enable the CONTRACTOR to do so. The CONTRACTOR shall similarly give the CITY immediate notice of any suit or action filed or prompt notice of any claim arising out of the performance of the Contract. The CONTRACTOR shall furnish immediately to the CITY copies of all pertinent papers ' received by the CONTRACTOR. I 6.7 SUBCONTRACTORS I T'he CONTRACTOR shall require its subcontractors, if any, to obtain an amount of insurance coverage which is deemed adequate by the CONTRACTOR. The CONTRACTOR shall be liable to the extent that the subcontractor insurance coverage is inadequate. 7.0 INDEMNIFICATION 7.1 LIABILITIES AGAINST CITY The CONTRACTOR agrees to indemnify, defend and hold the CITY harmless from any and all claims and lawsuits by third parties (including,but not limited to, employees and agents of the CITY and the CONTRACTOR), including the payment of all damages, expenses,penalties, fines, costs, royalties, charges and attorneys' fees incurred by the CITY, whether these claims or lawsuits are based upon breach of warranty, strict liability in tort, any failure by the CONTRACTOR to comply with any laws pertaining to the Agreement Documents, the use of patent appliances, products or processes or any breach by the CONTRACTOR of any of its other duties,representations, covenants, or other agreements in the Agreement Documents. The CONTRACTOR will defend all suits brought upon all such claims and lawsuits and shall pay all costs and expenses incidental thereto,but the CITY shall have the right, at its option, to participate at its own expense in the defense of any suit, without relieving the CONTRACTOR of any of its obligations hereunder. Decatur Public Transit S�stem - S - Conh•act_for Post-Delivery Audit