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8. Permits and Licenses. The Contractor shall secure all permits and licenses necessary to <br /> the completion of the Work and shall comply with all federal, state, and local laws, ordinances <br /> and regulations in the performance of the Work. <br /> 9. Change Orders. In the event of changes in the scope of work as described by this <br /> Agreement, written"Change Orders"must be executed by both parties. The "Contract Price" <br /> shall be increased or decreased in the amount agreed upon in the Change Orders. Both parties <br /> hereby agree that the Contract Price shall neither be increased nor decreased, nor shall the <br /> Contractor be entitled to an increase in the "Contract Price" for work not agreed upon in writing <br /> by both parties. <br /> 10. Waiver of Liability. The Contractor understands and agrees that the Work is undertaken <br /> at the sole risk of the Contractor. The Contractor does expressly forever release the City from <br /> any claims, demands, injuries, damage actions or causes of action whatsoever, arising out of or <br /> connected with the Work. <br /> 11. Indemnification. Any and all claims that arise or may arise against the Contractor, its <br /> agents, subcontractors or employees, as a consequence of any act or omission on the part of the <br /> Contractor while engaged in the performance of the Work shall in no way be the obligation or <br /> responsibility of the City. The Contractor shall indemnify, hold harmless and defend the City, its <br /> commissioners, officers, and employees, against any and all liability, loss, cost, damages, <br /> expenses, claims or actions, including attorneys fees which the City, its commissioners, officers, <br /> or employees may hereinafter incur or be required to pay, on account of injury or death of any <br /> person(s) or damage to any property arising out of or by any reason of any act or omission of the <br /> Contractor, its agents, servants or employees in the execution, performance or failure to <br /> adequately perform its obligations under this Agreement, whatever the cause of such injury or <br /> damage. <br /> 12. Insurance. The Contractor agrees that in order to protect itself and the City under the <br /> indemnity provisions set forth above, it will at all times during the term of this Agreement, keep <br /> in force, at a minimum, policies of insurance as indicated herein. The Contractor shall not <br /> commence work until a Certificate of Insurance covering all of the insurance required by this <br /> paragraph is approved and a written Notice to Proceed is issued by an authorized representative <br /> of the City. The following insurance policies must be certified to the City for approval: <br /> a. The Contractor shall purchase and maintain a commercial general liability <br /> insurance policy (CGL) to insure its operations. The CGL policy shall be in the amount <br /> of at least One Million Dollars and no/100 Dollars ($1,000,000) in combined bodily <br /> injury and property coverage. <br /> b. The Contractor shall purchase and maintain Worker's Compensation insurance in <br /> accordance with Chapter 176 of the Minnesota Statutes. <br /> The City shall be named as an "additional insured"party on both the Contractor's CGL <br /> and automobile insurance policies. The City shall receive at least thirty (30) days written notice <br /> of cancellation, non-renewal, or any material changes of the insurance policies specified above. <br /> 2 <br /> 161939 <br />