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replacement of PROVlDER'S property and will invoice the USER for the damages. <br />USER'S obligation shall be to reimburse PROVIDER for the cost of labor and <br />replacement of like-kind and qualiry equipment. <br />PROVIDER agrees to indemnify and hold harnzless USER from and against all claims, <br />costs, expenses(including attorney fees) and liabilities of whatever nature arising <br />from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, <br />or employees; or (u) arising from any accident, injury, including death, or damage to <br />any person or properry occurring on the premises a.nd caused by the negligence or <br />other wrongful conduct of PROVIDER, excluding claims arising from USER'S <br />performance under this agreement. This paragraph shall not act as a wa.iver of any tort <br />liability caps or legal immunities that may e�ust to protect the PROVIDER. <br />USER agrees to indemnify and hold harmless PROVIDER from and against all cla.ims, <br />costs, expenses(including attorney fees) and liabilities of whatever nature arising from <br />(i) any negligent or wrongful act of omission of USER, its licensees, agents, or <br />employees; or (u) arising from any accident, injury, including death, or damage to any <br />person or property occurring on the premises and caused by the negligence or other <br />wrongful conduct of USER, excluding claims arising from PROVIDER's <br />performance under this agreement. <br />INSURANCE: Both USER and PROVIDER shall ma.intain liability insurance against <br />claims for bodily injury, death or property damage occurring on or about the <br />FTCenter. Such insurance shall be written on an occurrence basis with a combined <br />single limit of not less than $1,000,000 per occurrence. If the insurance policy is written <br />on a"claims-made basis," the party will maintain coverage for a minimuxn of three <br />years past the expiration of this agreement. The retroactive date of the policy shall be <br />indicated on the certificate of insurance outlining coverage. <br />In addition, both parties shall name the other parry as an additional insured with <br />respect to its own operations on said policies of insurance. Both parties will maintain <br />all workers' compensation insurance required by law. <br />3 <br />