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against Contractor and its affiliates, and (except workers compensation coverage and <br /> professional liability coverage) shall, to the extent of the risks and liability assumed by <br /> Subcontractor, name Contractor and Contractor's affiliates as additional insureds on a <br /> broad form endorsement. All insurance required of Subcontractor shall be placed with <br /> insurers acceptable to Contractor with a minimum rating of A- VII by the A.M. Best <br /> Company or equivalent. Subcontractor shall require the same coverages described <br /> herein from all of its subcontractors. Subcontractor shall be liable to, and shall defend, <br /> indemnify, and hold harmless Contractor and its affiliates for any loss or expense, <br /> including reasonable attorneys' and expert witness fees, resulting from Subcontractor's <br /> failure to provide or require any insurance coverage described herein. Contractor may <br /> withhold any and all payments to Subcontractor unless or until Contractor receives <br /> evidence of the foregoing insurance coverages, which are deemed a strict condition <br /> precedent to Contractor's payment obligation to Subcontractor. If Subcontractor fails to <br /> procure or maintain all insurance coverages required in this Agreement, or if <br /> Subcontractor fails to deliver all certificates of insurance, Contractor may, but is not <br /> 410 obligated to, procure such insurance coverages and deduct the premium costs <br /> (and/or deductibles) for same from any payments owed Subcontractor. <br /> Subcontractor's insurance obligations are independent from Subcontractor's defense, <br /> indemnity, and hold harmless obligations in this Agreement, which defense, indemnity, <br /> and hold harmless obligations are not limited or diminished by this paragraph. All <br /> insurance benefits and protections granted to Contractor (or any Indemnitee) under <br /> this Agreement shall extend to or be used to satisfy all Subcontractor's defense, <br /> • indemnity, and hold harmless obligations under this Agreement. <br /> 22. Subcontractor hereby waives and releases the governmental entity, project <br /> owner, the prime contractor, Contractor, and its affiliates together with their respective <br /> members, managers, directors, officers, employees, insurers, underwriters, sureties, <br /> successors, and assigns from all liability, claims, causes of action, and demands for lost <br /> profits, incidental, unabsorbed overhead, delay damages, attorneys' fees, punitive <br /> damages, consequential or special damages of any kind in connection with or related to <br /> KDF Enterprises, LLC RFP Disaster Debris Management and Disposal Services 18-04-02 <br />