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understood that time is of the essence and that the failure of PROVIDER to comply with the time
<br />limits set forth in said Schedule C shall result in the penalties set forth herein.
<br />VII. DELIVERY OF NOTICE. Notices, bills, invoices and reports required by this Agreement shall be
<br />deemed delivered as of the date of postmark if deposited in a United States mailbox, first class
<br />postage attached, addressed to a party's address as set forth above. It shall be the duty of a
<br />party changing its address to notify the other party in writing within a reasonable time.
<br />VIII. INSURANCE.
<br />A. PROVIDER shall indemnify, hold harmless and defend COUNTY, its boards,
<br />commissions, agencies, officers, employees and representatives against any and all
<br />liability, loss (including, but not limited to, property damage, bodily injury and loss of life),
<br />damages, costs or expenses which COUNTY, its officers, employees, agencies, boards,
<br />commissions and representatives may sustain, incur or be required to pay by reason of
<br />PROVIDER furnishing the services or goods required to be provided under this
<br />Agreement, provided, however, that the provisions of this paragraph shall not apply to
<br />liabilities, losses, charges, costs, or expenses caused by or resulting from the acts or
<br />omissions of COUNTY, its agencies, boards, commissions, officers, employees or
<br />representatives. The obligations of PROVIDER under this paragraph shall survive the
<br />expiration or termination of this Agreement.
<br />B. In order to protect itself and COUNTY, its officers, boards, commissions, agencies,
<br />agents, volunteers, employees and representatives under the indemnity provisions of the
<br />subparagraph above, PROVIDER shall, at PROVIDER's own expense, obtain and at all
<br />times during the term of this Agreement keep in full force and effect the insurance
<br />coverages, limits, and endorsements listed below. When obtaining required insurance
<br />under this Agreement and otherwise, PROVIDER agrees to preserve COUNTY's
<br />subrogation rights in all such matters that may arise that are covered by PROVIDER's
<br />insurance. Neither these requirements nor the COUNTY's review or acceptance of
<br />PROVIDER's certificates of insurance is intended to limit or qualify the liabilities or
<br />obligations assumed by the PROVIDER under this Agreement. The County expressly
<br />reserves the right to require higher or lower insurance limits where County deems
<br />necessary.
<br />Commercial General Liability.
<br />PROVIDER agrees to maintain Commercial General Liability insurance at a limit of not
<br />less than $1,000,000 per occurrence. Coverage shall include, but not be limited to,
<br />Bodily Injury and Property Damage to Third Parties, Contractual Liability, Personal Injury
<br />and Advertising Injury Liability, Premises -Operations, Independent PROVIDERs and
<br />Subcontractors, and Fire Legal Liability. The policy shall not exclude Explosion,
<br />Collapse, and Underground Property Damage Liability Coverage. The policy shall list
<br />DANE COUNTY as an Additional Insured.
<br />Commercial/Business Automobile Liability.
<br />PROVIDER agrees to maintain Commercial/Business Automobile Liability insurance at a
<br />limit of not less than $1,000,000 Each Occurrence. PROVIDER further agrees coverage
<br />shall include liability for Owned, Non -Owned & Hired automobiles. In the event
<br />PROVIDER does not own automobiles, PROVIDER agrees to maintain coverage for
<br />Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the
<br />Commercial General Liability policy or separate Business Auto Liability policy.
<br />Environmental Impairment (Pollution) Liability
<br />PROVIDER agrees to maintain Environmental Impairment (Pollution) Liability insurance
<br />at a limit of not less than $1,000,000 per occurrence for bodily injury, property damage,
<br />and environmental cleanup costs caused by pollution conditions, both sudden and non -
<br />sudden. This requirement can be satisfied by either a separate environmental liability
<br />policy or through a modification to the Commercial General Liability policy. Evidence of
<br />either must be provided.
<br />Workers' Compensation.
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