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Work to be performed shall constitute a material breach of this Agreement and entitle the <br />City to immediately terminate this Agreement. <br />16. WaiveY. Any waiver by either party of a breach of any provisions of this Agreement shall <br />not affect, in any respect, the validity of the remainder of this Agreement or either parties <br />ability to enforce a subsequent breach. <br />17. Indemnification. The Consultant agrees to defend, indemnify and hold the City, and its <br />mayor, councilmembers, officers, agents, employees and representatives harmless from <br />and against all liability, claims, damages, costs, judgments, losses and expenses, <br />including but not limited to reasonable attorney's fees, arising out of or resulting from <br />any negligent or wrongful act or omission of the Consultant, its officers, agents, <br />employees, contractors and/or subcontractors, pertaining to the performance or failure to <br />perform the Worlc and against all losses resulting from the failure of the Consultant to <br />fully perform all of the Consultant's obligations under this Agreement. <br />18. Insurance. <br />A. General Liability. Prior to starting the Work and during the full term of this <br />Agreement, the Consultant shall procure, maintain and pay for such insurance as will <br />protect against claims for bodily injury or death, and for damage to property, <br />including loss of use, which may arise out of operations by the Consultant or by any <br />subcontractor of the Consultant, or by anyone employed by any of them, or by anyone <br />for whose acts any of them may be liable. Such insurance shall include, but not be <br />limited to, minimum coverages and limits of liability specified in this Provision 18 or <br />such greater coverages and amounts as are required by law. Except as otherwise <br />stated below, the policies shall name the City as an additional insured for the Work <br />provided under this Agreement and shall provide that the Consultant's coverage shall <br />be primary and noncontributory in the event of a loss. <br />B. The Consultant shall procure and maintain the following minimum insurance <br />coverages and limits of liability with respect to the Wark: <br />Worker's Compensation <br />Employer's Liability <br />(Not needed for <br />Minnesota based <br />Consultant): <br />Commercial General Liability <br />Statutory Limits <br />$500,000 each accident <br />$500,000 disease policy limit <br />$500,000 disease each employee <br />$1,000,000 per occurrence <br />$2,000,000 general aggregate <br />$2,000,000 Products — Completed Operations <br />Aggregate <br />$100,000 fire legal liability each occurrence <br />$5,000 medical expense <br />5 <br />