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superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees,
<br />contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a
<br />partnership or joint enterprise between CITY and CONTRACTOR
<br />1.06 CONTRACTOR shall be responsible for the safety of operations and shall provide appropriate
<br />safety warnings for the protection of the work area. Provision of safety includes use of
<br />appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians,
<br />and provision of other controls and warnings as needed.
<br />1.07 CITY shall not be liable to CONTRACTOR, CONTRACTOR's agents, servants, employees,
<br />patrons, customers, visitars, guests, or invitees, nor any pedestrian or bystander for any damage
<br />or injury caused by the acts or negligence of CONTRACTOR, CONTRACTOR's officers,
<br />employees, agents, or servants, or resulting from the operation of any device or equipment
<br />located upon the contracted property, or any appurtenance thereof, nor for any damage or injury
<br />from any defect or want of repair of any structure or device on the contracted property.
<br />1.08 CONTRACTOR agrees to defend, indemnify, save, and hold the CITY, it's elected officials,
<br />officers, and employees harmless from any and all demands, debts, liabilities, suits, claims, and
<br />causes of action of every kind on account of injury or damage to any person or property, arising
<br />from or connected with the services and contractual duties provided by the CONTRACTOR
<br />hereunder.
<br />1.09 CONTRACTOR is required to provide, during the term of this Agreement, and to keep and
<br />maintain in full force and effect, a policy or policies of insurance, providing at least
<br />$250,0000.00 per person and $500,000.00 for any single occurrence for bodily injury or death
<br />and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying
<br />the CONTRACTOR and the CITY, its elected officials, officers, and employees (as an additional
<br />insured) for any and all damages, personal injuries, or property damages sustained in carrying out
<br />the duties of this contract, or any part thereof or as the result of the negligence of the
<br />CONTRACTOR or CONTRACTOR's agents, servants, or employees, and CONTRACTOR
<br />shall pay all premiums due thereon when due. CONTRACTOR shall also be obligated to
<br />maintain worker's compensation insurance in conformance with and as required by State law.
<br />1.10 It is expressly provided that all insurance policies required hereunder shall and must be written
<br />by a reputable insurance company or companies, and where appropriate must show the CITY, its
<br />elected officials, officers, and employees as an additional insured, subject to approval by the City
<br />Attorney of the City of Paris; and the CONTRACTOR's insurance carrier or carriers shall deliver
<br />a copy of any such policies to the City Clerk of the City of Paris, or furnish to said City Clerk a
<br />current letter or certificate from such company or companies, evidencing the fact that such
<br />insurance is in full force and shall remain in effect at all times during this contract period. All
<br />such policies shall be written so that CITY will be notified of cancellation or of any restrictive
<br />amendment of the policies at least thirty (30) days prior to the effective date of such cancellation
<br />or amendment. Notice shall be made to the CITY by certified mail, return receipt requested,
<br />addressed to the City of Paris at the following address: City Clerk, City of Paris, P.O. Box 9037,
<br />Paris, Texas 75461-9037.
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