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5.2 PROOF OF INSURAN
<br /> CE
<br /> Proof of insurance shall be submitted to the CITY within �
<br /> 30 days of the date execution of ,
<br /> this Agreement, and before the CONSULTANT commences any of the parts of the work �',
<br /> of the Agreement. The CONSULTANT agrees that if any policy of insurance is in efFect ,
<br /> in such manner as to affect the insurance called for herein, 30 days notice in writing shall !
<br /> be given to the CITY prior to any such change or cancellation. ',
<br /> 5.3 WAIVER OF RIGHTS
<br /> The CONSULTANT and all of its insurers shall waive all rights of recovery or
<br /> subrogation against the CITY and its insurance companies.
<br /> 5.4 SUBCONTRACTORS
<br /> The CONSULTANT shall require its subcontractors, if any, to obtain an amount of
<br /> insurance coverage which is deemed adequate by the CONSULTANT. The
<br /> CONSULTANT shall be liable to the extent that the subcontractor insurance coverage is
<br /> inadequate. � �
<br /> 5.5 INSPECTION OF COVERAGES
<br /> The CITY reserves the right to inspect in person, priar to commencement of the work, all
<br /> of the CONSULTANT'S insurance policies in regard to insurance required herein. ',
<br /> 6.0 INDEMNIFICATION �,
<br /> The CONSULTANT agrees to indemnify, defend and hold the CITY harmless from any and all
<br /> claims and lawsuits by third parties (including, but not limited to, employees and agents of the '
<br /> CITY and the CONSULTANT), including the payment of all damages, expenses,penalties, I
<br /> fines, costs, royalties, charges and attorneys' fees incurred by the CITY, whether these claims or
<br /> lawsuits aze based upon breach of warranty, strict liability in tort, any failure by the ,
<br /> CONSULTANT to comply with any laws pertaining to the Agreement documents, the use of I
<br /> patent appliances, products or processes or any breach by the CONSULTANT of any of its other !
<br /> duties, representations, covenants, or other agreements in the Agreement documents. The - I
<br /> CONSULTANT will defend all suits brought upon all such claims and lawsuits and shall pay all �'
<br /> costs and expenses incidental thereto,but the CITY shall have the right, at its option, to I
<br /> participate at its own expense in the defense of any suit, without relieving the CONSULTANT of I
<br /> any of its obligations hereunder. I,
<br /> 7.0 COMPLIANCE WITH LAWS, PERMITS AND LICENSES I
<br /> The CONSULTANT will give all notices and comply with all Federal, State and local laws, I
<br /> ordinances, rules, regulations, standards, and orders of any public authority bearing on the ',
<br /> performance of this Agreement. If the Agreement documents are at variance therewith in any ,
<br /> respect, any necessary changes shall be adjusted by appropriate modification. Omission of any
<br /> applicable laws, ordinances, rules, regulations, standards or orders by the CITY in the Agreement '
<br /> documents shall be construed as an oversight and shall not relieve the CONSULTANT from his ',
<br /> obligations to meet such, fully and completely. Upon request, the CONSULTANT shall furnish '�,
<br /> to the CITY certificates of compliance with all such laws, orders and regulations. The '
<br /> Decatur Public Transit System
<br /> Transit Planning Study 4
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