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EG &E, its agents, representatives, employees or subcontractors, and EG &E is free to
<br />purchase additional insurance.
<br />1. MINIMUM SCOPE AND LIMITS OF INSURANCE: EG &E shall provide
<br />coverage with limits of liability not less than those stated below.
<br />General Liability $1,000,000 Combined Single Limit
<br />Per Occurrence
<br />Umbrella Liability $2,000,000
<br />Automobile Liability $1,000,000 Combined Single Limit
<br />Per Occurrence
<br />Workers' Compensation Statutory
<br />Professional Liability $1,000,000
<br />The policies, where permitted, shall be endorsed to include the following additional
<br />insured language: "The City of Lakewood, its departments, agencies, boards, commissions,
<br />officials, agents, and employees shall be named as additional insureds epith respect to liability
<br />arising out of the activities performed by or on behalf of the Contractor ". In addition, the City
<br />of Lakewood shall be given at least ten (10) days' notice of cancellation of such policies.
<br />Policies, where permitted, shall contain a waiver of subrogation against the City of
<br />Lakewood, its departments, agencies, boards, commissions, officials, agents, and employees for
<br />losses arising from work performed by or on behalf of EG &E.
<br />B. Indemnification. EG &E shall indemnify, defend and save the City of Lakewood, its
<br />officers, employees, and agents harmless from and against any and all losses, damages,
<br />settlements, costs, charges, attorney fees, professional fees, or other expenses or liabilities of
<br />every kind and character arising out of or relating to any and all claims, liens, demands,
<br />obligations, actions, proceedings, or causes of action of every kind and character in connection
<br />with or arising directly or indirectly out of errors or omissions or negligent acts by EG &E
<br />including by the EG &E's employees and agents in the performance of this Agreement.
<br />SECTION 12 MISCELLANEOUS
<br />A. No Waiver. No waiver of any of the covenants, terms, or conditions of this Agreement
<br />shall be effective unless set forth in writing by the Party making the waiver and delivered to the
<br />other Party and such waiver shall be effective only for the time and to the extent therein stated. No
<br />omission or act (other than the delivery of the foregoing written waiver) by a Party shall constitute
<br />or be deemed to constitute a waiver of any default in the performance of or breach of any
<br />agreement, duty, responsibility, representation, warranty, or covenant of the other party contained in
<br />this Agreement.
<br />B. Independent Contractor Relationship. The relationship of the Parties under this
<br />Agreement is that of independent contractors. Nothing in this Agreement shall be deemed to
<br />constitute either Party a partner of, or joint venture with, the other. The employees, agents, and
<br />subcontractors of either Party, in performing the obligations of such Party under this Agreement,
<br />shall not be deemed to be the agents or employees or subcontractors of the other party.
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