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CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 13 <br />8. Indemnity <br />8.1. The Contractor shall indemnify, keep and save harmless the City and its respective <br />officers, agents and employees against all suits or claims that may be based upon any <br />injury or damage to persons or property that may occur, or that may be alleged to have <br />occurred, in the performance of this Contract by the Contractor, whether or not it shall <br />be claimed that the injury was caused through an negligent act or omission of the <br />Contractor, its employees, it subcontractors or their agents or in connection with any <br />claim based on lawful demands of subcontractors, workers, or suppliers; and whether <br />or not the persons injured on whose property was damaged were third parties, <br />employees of the Contractor or employees of an authorized subcontractor; and the <br />Contractor shall, at its own expense, defend the City in all litigation, pay all attorneys’ <br />fees and all costs and other expenses arising out of the litigation or claim or incurred in <br />connection therewith; and shall, at its own expense, satisfy and cause to be discharged <br />such judgments as may be obtained against the City, or any of its officers, agents or <br />employees. <br /> <br />8.2. When requested by the City, the Contractor shall submit satisfactory evidence that all <br />persons, firms or corporations who have done work or furnished supplies under this <br />Contract, for which the City may become liable under the laws of the State of <br />Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not <br />furnished or is not satisfactory, an amount may be retained from compensation due the <br />Contractor, which will be sufficient in the opinion of the City’s Attorney, to meet all <br />claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained <br />until the liabilities are fully discharged or satisfactorily secured. <br /> <br /> <br />9. Insurance <br />9.1. The Contractor shall provide and maintain in full force and effect during the entire <br />term of this Contract, regular Contractor’s Public Liability Insurance, with the City as <br />an additional insured, providing for a limit of not less than Two Million Dollars <br />($2,000,000.00) for all damages arising out of bodily injuries or death of one person, <br />and subject to that limit for each person, and regular Contractor’s auto, property <br />damage liability insurance providing for a limit of not less than Five Hundred <br />Thousand Dollars ($500,000.00) for all damages arising out destruction of property in <br />any one accident, and subject to that limit per accident. The Contractor shall also <br />provide workers’ compensation insurance and employers’ liability insurance as <br />required by law. Policies or coverage required shall be updated as necessary to meet <br />at least the amounts specified in Minn. Stat. § 466.04 for each year of the Contract. <br />Contractor shall provide Environmental Impairment Liability (Pollution Legal <br />Liability) for sudden and non-sudden (gradual) pollution occurrences covering all <br />facilities and equipment owned and used by Contractor, or its agents or employees. <br />Limits of liability shall be no less than $5,000,000 for each occurrence and $5,000,000 <br />aggregate, and shall continue for a two year period following termination of this <br />Agreement.