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r <br />replacement of works <br />of the Board <br />which might be <br />damaged, destroyed <br />or <br />1 <br />rendered unsuited to <br />the purpose <br />thereof by any <br />reason arising out <br />of <br />acts of Moundsviewv shall be accomplished by the Board with its or.n <br />forces or by its contractor, as the Board may elect, and by use of <br />materials furnished by the Board or its contractor as hereinafter <br />provided, all at the cost and expense of Moundsview. <br />14. Moundsview shall forever indemnify and save harmless, protect and <br />defend the City of Saint Paul and the Board, their employees and <br />agents, from any or all liability, suits or demands, including the <br />legal defense costs thereof, for bodily injuries (including death) or <br />property damages, including loss of use, arising out of the <br />construction, maintenance, repair or existence of the driveway <br />authorized by this permit. This provision shall not however apply <br />where such bodily injury or property damage is caused by the sole. <br />negligence of the City of Saint Paul or the Board, its agents or <br />employees. <br />15. Insurance: <br />Moundsview's contractor shall take out and maintain during the <br />construction period comprehensive public liability (including auto- <br />mobile) insurance for and in behalf of itself, the City of Saint Paul <br />and the Board of Water Commissioners as joint insured, which will <br />protect the City, the Board and Permittee from claims for damages and <br />bodily injuries, including death, as well as from claims for property <br />damage which may arise from operations, incidental to the contract, <br />including coverage for damage to structures or underground facilities <br />of any kind, including facilities of the Board, whether such <br />- 5 - <br />