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Brady Environmental Services, Inc. <br />e. A financial rating of A: VII or better as assigned by the BEST rating <br />Company or A or better by Standard and Poor's. <br />f. Insurance coverage must be bound by companies approved by the State <br />of Texas and acceptable to the owner. <br />All insurance must be written on forms filed with and approved by the <br />Texas State Board of Insurance. Certificates of Insurance shall be prepared <br />and executed by the insurance company or it's authorized agent, and shall <br />contain provisions representing and warranting the following: <br />a. The insurance set forth by the insurance company are underwritten on <br />forms which have been approved by the Texas State Board of Insurance. <br />b. Sets forth all endorsements and insurance coverage according to <br />requirements and instructions contained herein. <br />c. Shall specifically set forth the notice of cancellation or termination <br />provisions to the owner. <br />Contractor agrees that it and all its subcontractors will comply with all applicable <br />Workers' Compensation laws and that it will from time to time, at the request of the <br />owner, furnish evidence to the owner that all payments required by such laws have been <br />and are being made. <br />2.21 - INDEMNIFICATION To the fullest extent permitted, the contractor agrees to <br />fully defend, protect, hold harmless and render whole the owner, and all of their agents <br />and employees from and against each and every claim, demand or cause of action and <br />liability, costs, and expenses (including but not limited to, reasonable attorney's fees and <br />expenses incurred in the defense of the owner and all of their agents and employees), for <br />damages of loss in connection herewith, which may be asserted by any third-party <br />(including but not limited to the owner and all their agents and employees), on account of <br />personal injury or death or property damage caused by, or arising out of, or in any way <br />incident to or in connection with the performance of work hereunder. This indemnity <br />obligation shall be supported by insurance obtained by contractor in the types and <br />amounts required hereunder. This indemnity shall include, but not be limited to, all <br />claims, damages and losses, which are: (i) attributable to bodily injury, sickness, disease <br />or death, or to injury to or destruction of tangible property including the loss of use <br />resulting there from; and (ii) caused in whole or in part by the contractor or anyone <br />directly or indirectly by him, regardless of whether it is caused in whole or in part by a <br />party indemnified hereunder. <br />2.21.1 In any and all claims against the owner or any of his agents or employees <br />by an employee of the contractor, or anyone directly or indirectly <br />employed by him or anyone for whose acts he may be liable, the <br />indemnification obligation under this paragraph shall not be limited in any <br />way by any limitation on the amount or type of damages, compensation <br />made by Workers' Compensation acts, disability benefit acts or other <br />employee benefit acts. <br />10 of 17 <br />