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attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not <br />contacted on the first attempt, Contractor shall make subsequent attempts on the next working <br />day after the original call. Contractor shall make a minimum of three (3) attempts within <br />twenty-four (24) hours of the receipt of the call. All attempts to contact the caller shall be <br />recorded on a log kept by Contractor. <br />13.Marketing and Disposition of Recyclable Material. Contractor shall be solely <br />responsible for the marketing and sale of collected Soft Recyclables, and shall be solely <br />responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell <br />the Soft Recyclables in a timely manner. <br />14.Insurance. During the term of this Agreement Contractor agrees to keep in force, <br />with an insurance company licensed to transact business in Minnesota, an "occurrence basis" <br />insurance policy or policies indemnifying, defending and saving harmless CITY from all <br />damages (except for damages caused by CITY's own negligence, willful misconduct or failure) <br />which may be occasioned to any person, firm, or corporation, whether damages are by reason of <br />any willful or negligent act or acts on part of Contractor, its agents or employees, with limits no <br />less than: <br />a. General Liability: One Million and no/100 Dollars ($1,000,000.00) combined single <br />limit per occurrence for bodily injury, personal injury, and property damage. <br />b. Vehicle Liability: Two Million and no/100 Dollars ($2,000,000.00) combined single <br />limit per accident for bodily injury and property damage. <br />c. Worker's Compensation/Industrial Insurance: Limits as required by the State of <br />Minnesota. <br />The general liability provisions and automobile liability policies are to contain, or be endorsed to <br />contain, the following provisions: <br />a. CITY, its officers, officials, employees, and volunteers are to be covered as insureds as <br />respects: liability arising out of activities performed by or on behalf of Contractor; <br />products and completed operations of Contractor; premises owned, occupied, or used by <br />Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. <br />b. Contractor's insurance coverage shall be primary insurance as CITY, its officers, <br />officials, employees, and volunteers. Any insurance or self-insurance maintained by <br />CITY, its officers, officials, employees, or volunteers shall be in excess of Contractor's <br />insurance and shall not contribute with it. <br />c. Any failure to comply with reporting provisions of the policy shall not affect coverage <br />provided to CITY, its officers, officials, employees, or volunteers. <br />d. Contractor's insurance shall apply separate to each insured against whom claim is made <br />or suit is brought, except with respect to the limits of the insurer's liability. <br /> 4 <br />495998v23 DTA MU125-11