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DocuSign Envelope ID: 58FE3CF5-7330-4F18-9C60-B177A84C616D <br />b) Employers Liability Insurance with limits of not less than $1,000,000 per occurrence <br />and $1,000,000 per disease per each employee. <br />c) Commercial General Liability Insurance under an occurrence policy form insuring the <br />indemnity agreements set forth in this Agreement with a combined single limit of not <br />less than $1,000,000 per occurrence and $2,000,000 in the aggregate, including <br />endorsements for Premises and Operations, Personal Injury Liability, Products and <br />Completed Operations, Blanket Contractual Liability, and Completed Operations <br />Coverage (completion of this Agreement). The policy must provide that aggregates <br />limits apply on a per location basis. General liability limits may be met by a <br />combination of General Liability and Excess or Umbrella Liability. <br />d) Business Automobile Liability Insurance covering liability arising out of any auto <br />(owned, hired and non -owned) with a combined single limit of at least $1,000,000. <br />e) Intentionally omitted. <br />f) Umbrella Insurance (Excess Liability) with minimum limits of $5,000,000 per <br />occurrence. <br />The insurance required hereunder shall be maintained in effect during the entire duration of this <br />Agreement. A copy of each of the endorsements and a certificate or certificates evidencing the <br />existence thereof shall be delivered to ERMU prior to the commencement of the Work. <br />Replacement certificates of insurance evidencing continuation of such coverage shall be furnished <br />to ERMU prior to the expiration of the current policies. Each copy or certificate shall contain a <br />valid provision or endorsement that the policy may not be canceled without giving thirty (30) days <br />written advance notice thereof to ERMU. ERMU's receipt of or failure to object to any insurance <br />certificates or policies submitted by Distributor does not release or diminish in any manner the <br />liability or obligations of Distributor or its subcontractors or constitute a waiver of any of the <br />insurance requirements under this Agreement. <br />28. Indemnification <br />Distributor shall indemnify, defend and hold harmless ERMU, ERMU's officers, directors, <br />partners, employees, consultants, contractors, and agents from and against and in respect to any <br />and all actual and direct claims, actions, suits, proceedings, demands, assessments, judgments, <br />costs, losses, damages, fines, penalties, fees, and any expense (including but not limited to all <br />reasonable fees and charges of attorneys and all court or arbitration or other dispute resolution <br />costs) arising out of personal injury, death, violation of any federal, state, or local law, rule, or <br />regulation, unauthorized disclosure of Confidential Information, and any damage to tangible or <br />intangible property, excluding the loss of use thereof, hereinafter referred to as "Liabilities" to the <br />extent that such Liabilities were caused by the negligent acts, errors, or omissions of Distributor, <br />its agents, employees, Subcontractors or others for whom it is responsible arising out of, in <br />connection with, or as a result of the performance and furnishings of the Work or other services <br />performed by Distributor for or on behalf of ERMU. <br />In the event that any Work, the AMI System, or use of any Work or the AMI System is delayed <br />due to any claim, suit, or proceeding relating to patent infringement, Distributor shall make every <br />Elk River Municipal Utilities 20 Core & Main LP <br />59 <br />