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2009_1019_Packet
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2009_1019_Packet
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1/9/2012 3:23:31 PM
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10/15/2009 3:47:30 PM
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8.2 Should the Software become, or in LETG's opinion, be likely to become the subject of such a <br />claim of infringement, then CoR will permit LETG, at LETG's option and expense (A) to <br />a procure for CoR the right to continue using the same under the terms of this Agreement, or (B) <br />a to replace or modify the same so that it becomes non-infringing so long as it is substantially <br />a equivalent in function. Any replacement or modification of the software shall not adversely <br />a affect the performance of the overall System and services being provided to CoR. <br />a 8.3 LETG does not warrant that Releases will meet CoR's particular requirements, operate in <br />a the combinations that CoR selects for use, be uninterrupted error-free, be backward <br />a compatible, or that all errors will be corrected. <br />a Section 9. INSURANCE. <br />a 9.1 Throughout the term of this Agreement, LETG shall comply with the insurance requirements <br />a set forth in this Section. In the event that LETG fails to procure and maintain each type of <br />a insurance required by this Agreement, or in the event that LETG fails to provide CoR with the <br />a required certificates of insurance, CoR shall be entitled to terminate this Agreement <br />a immediately upon written notice to LETG. <br />a 9.2 LETG shall not commence any work in connection with this Agreement until it has obtained all <br />a of the types of insurance set forth in this Section and CoR has approved such insurance. All <br />a insurance policies required by this Section shall be with insurers qualified and doing business <br />a in Minnesota. LETG shall name CoR as an additional insured under the policies required by <br />a this Section. Certificates of all required insurance shall be furnished to CoR and shall contain <br />a the provision that CoR will be given thirty days written notice of any intent to amend or <br />a terminate by either the insured or the insuring company. <br />a 9.3 LETG agrees to purchase and maintain commercial liability insurance during the term of this <br />a Agreement that includes coverage for bodily injury and property damage. The amounts of <br />a such insurance shall be not less than $1,000,000 bodily injury/each occurrence/aggregate and <br />a $1,000,000 property damage/each occurrence/aggregate, or $1,000,000 bodily injury and <br />a property damage combined single limits each occurrence/aggregate. This insurance shall <br />a include coverage for products, operations, personal injury liability and contractual liability, and <br />a any other liability assumed by LETG under the Indemnification provision of this Agreement. <br />a 9.4 LETG agrees to purchase and maintain technology consulting errors and omissions insurance <br />a during the term of this Agreement. The amounts of such insurance shall not be less than <br />a $1,000,000. <br />a 9.5 LETG agrees to purchase and maintain workers' compensation insurance during the term of <br />a this Agreement. LETG shall meet the statutory requirements of the State of Minnesota with <br />a respect to the terms of this policy. <br />a 9.6 LETG agrees to purchase and maintain automobile insurance on all automotive equipment <br />a owned, rented or borrowed by LETG that includes coverage for bodily injury and property <br />a damage. The amounts of such insurance shall be not less than $1,000,000. <br />Section 10. DEFAULT. <br />Page 11 of 19 <br />
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