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9.3 The condition of said Payment Bond shall be that the individual Hauler shall faithfully perform
<br /> all provisions of the Contract and the specifications and shall pay all laborers,mechanics,and
<br /> subcontractors,and all persons who shall supply such person or persons,or subcontractors with
<br /> provisions and supplies for the performance of the Contract;provided that the bond shall not
<br /> be security for money loaned or advanced to Hauler, subcontractor, or other person in the
<br /> performance of the Contract.
<br /> 10 Indemnification and Liability
<br /> 10.1 Hauler, for its particular acts as set forth below, ("Indemnitor"), and any and all officers,
<br /> employees,contractors,subcontractors,and agents of Hauler,or any other person engaged by
<br /> Hauler in the performance of the services pursuant to this Contract shall defend, indemnify
<br /> and hold harmless the City and its officials, officers, agents, contractors, and employees
<br /> ("Indemnitees")from and against any and all claims,damages,liabilities,losses,and expenses,
<br /> including reasonable attorney's fees and expenses of litigation (collectively referred to as
<br /> "Claims")provided that such claims,is attributable to bodily injury,sickness,disease,death,
<br /> or to the injury to or the destruction of property,to the extent caused by any negligent act or
<br /> omission or willful misconduct or breach of the Contract of Indemnitor.Nothing in this section
<br /> requires a non-Indemnitor Hauler to indemnify an Indemnitee.
<br /> 10.2 When requested by the City,a Hauler shall submit satisfactory evidence that all persons,firms,
<br /> or corporations who have done work or furnished supplies under a Contract,for which the City
<br /> may become liable under the laws of the State of Minnesota, have been fully paid or
<br /> satisfactorily secured.In case such evidence is not furnished or is not satisfactory,an amount
<br /> may be retained from money due Hauler which will be sufficient,in the opinion of the City,
<br /> to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be
<br /> retained until the liabilities as aforesaid are fully discharged or satisfactorily secured.
<br /> 10.3 Nothing in this Contract shall constitute a waiver or limitation of any immunity or limitation
<br /> on liability to which the City is entitled under Minnesota Statutes,Chapter 466 or otherwise.
<br /> 10.4 Nothing in this Contract shall constitute a waiver or limitation of any limitation on liability to
<br /> which Hauler is entitled to under Minnesota Statutes,Section I I5A.94,Subdivision 4f.
<br /> 11 Insurance Requirements
<br /> Hauler responsible for providing Services under this Contract shall maintain insurance
<br /> coverage in the amounts shown below during the entire term of the Contract.Hauler and any
<br /> subcontractor hired may combine the identified underlying coverage with umbrella or excess
<br /> coverage to meet the minimum limits identified below. The City shall be named as an
<br /> additional insured on each individual Hauler's commercial general liability,auto,and umbrella
<br /> policies via blanket-form endorsement. Certificates of said insurance evidencing all of the
<br /> coverages listed below, as well as evidence that the City has been named as an additional
<br /> insured on the policies, shall be provided to the City by Hauler before any work under this
<br /> Contract may commence. Hauler shall not allow any subcontractor to commence work until
<br /> all insurance has been obtained and certificates of insurance have been filed and accepted by
<br /> the City.Hauler shall maintain a valid certificate of insurance referencing the limits included
<br /> below on file with the City.
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