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claims insured by usual or unusual injury liability coverage; from claims or injury <br />to or destruction of tangible property and from claims insured by usual <br />Commercial General Liability coverage. This includes loss of use resulting <br />therefrom, any or all of which may arise out of the respondee's operations under <br />the Contract Documents, whether such operations be by the respondee, or any sub <br />contractor, or by anyone directly or indirectly employed by any of them or for <br />whose acts any of them may be legally liable. The respondee's deductibles/self - <br />insured retentions shall be disclosed to the City and may be disapproved by the <br />City and may be reduced or eliminated at the sole discretion of the City. The <br />respondee is responsible for the amount of any deductible or self - insured <br />retention. <br />12.2 Requirements for Certificates of Insurance. Respondee shall provide the City <br />with all required Certificates of Insurance which Certificates must be acceptable <br />to the City. Each Certificate of Insurance shall be provided to the City at least 15 <br />days prior to coverage renewals requested by the City. The respondee shall <br />furnish complete copies of respondee's insurance policies, forms and <br />endorsements. If the respondee fails to obtain and maintain for the life of the <br />contract insurance required herby or to replace any such expired or cancelled <br />policies, the City may obtain and maintain such insurance with such company as <br />it deems satisfactory with those amounts expended by the City in payment of <br />premiums to be deducted by the City from the amounts due the respondee for <br />work covered by the contract. <br />13. Hold Harmless. <br />13.1 The City, its agents, employees and officials, both elected and appointed shall be <br />held harmless against all claims for bodily injury, sickness, disease, death or <br />personal injury or damage to property or loss of use resulting therefrom arising <br />out of performance of the agreement or contract, unless such claims are a result of <br />the City's sole negligence, as determined by the final arbiter of such claim. <br />13.2 The City, its agents, employees and official, both elected and appointed shall also <br />be held harmless against all claims for financial loss with respect to the provision <br />of or failure to provide professional or other services resulting in professional, <br />malpractice, or errors and omissions liability arising out of performance of the <br />agreement or contract, unless such claims are a result of the City's sole <br />negligence, as determined by the final arbiter of such claim. <br />14. Payment on Behalf of the City. <br />14.1 Respondee agrees to pay on behalf of the City, and to pay the cost of the City's <br />legal defense, as may be selected by the City, for all claims described in the Hold <br />Harmless paragraph 13 above, up through and including, all appellate levels. <br />14.2 Such payment on behalf of the City shall be, in addition to any and all other legal <br />remedies available to the City, and shall not be considered to be the City's <br />exclusive remedy. <br />Page 6 of 9 <br />Landscape Architect Rfg Revised 05117101 <br />