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Mr. Larry Neilson <br />August 31, 1989 <br />Page Three <br />any operations performed by this Contractor. The policy <br />shall provide full insurance to cover all of the <br />Contractor's operating exposure including the picking up of <br />materials and the operation of vehicles. Approval of the <br />insurance by the City shall not in any way relieve or <br />decrease the liability of the Contractor hereunder, and it <br />is expressly understood that the City does not in any way <br />represent that the above specified insurance or limits of <br />liability are sufficient or adequate to protect the <br />Contractor's interest or liabilities," <br />On Page 11, Paragraph 15(c) should read as follows: <br />"Indemnification. The Contractor further agrees to <br />take all precautions to protect the public against injury. <br />The Contractor shall indemnify and hold harmless the City, <br />its officers, agents, representatives, and employees from <br />and against all claims, damages, losses, costs or expenses, <br />including reasonable attorneys' fees, which may be asserted <br />against the City, or for which it may be held liable, to <br />the extent resulting from any acts, omission, or negligence <br />of the Contractor or the Contractor's agent, or employees, <br />while engaged in the performance of this Contract. The <br />Contractor will indemnify the City against all claims, <br />liens, expenses, and claims for liens, for work, tools, <br />machinery, materials, or insurance premiums for equipment <br />or supplies, and against all loss by ,reason of the failure <br />of the Contractor in any respect to fully perform all <br />obligations of this Contract, including reasonable <br />attorneys' fees." <br />On Page 13, the second line of Paragraph (g) should read <br />"have a flashing light warning system, fire." <br />On Page 15, the last line of the second paragraph in <br />Paragraph 24 should read "thirty (30) days written notice to the <br />other." This time period would be consistent with the proposed <br />time period in a new Paragraph 31, entitled "Termination." <br />On Page 15, in Paragraph 23, a sentence should be added, as <br />follows: "In the event there is a conflict between the <br />provisions of this Contract and pertinent ordinances, <br />regulations and statutes, the more stringent requirements shall <br />apply." <br />I would recommend that an additional Paragraph 31 be added <br />on Page 16, as follows: <br />Page 30 <br />