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<br />replacement of PROVIDER'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 quality equipment. <br />PROVIDER agrees to indemnify and hold harmless 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 (ii) arising from any accident, injury, including death, or damage to <br />any person or property occurring on the premises and caused by the negligence or other <br />wrongful conduct of PROVIDER, excluding claims arising from USER'S performance <br />under this agreement. This paragraph shall not act as a waiver of any tort liability caps <br />or legal immunities that may exist to protect the PROVIDER. <br />USER agrees to indemnify and hold harmless PROVIDER from and against all claims, <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 (ii) 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 performance <br />under this agreement. <br />INSURANCE: Both USER and PROVIDER shall maintain liability insurance against <br />claims for bodily injury, death or property damage occurring on or about the FT Center. <br />Such insurance shall be written on an occurrence basis with a combined single limit of <br />not less than $1,000,000 per occurrence. If the insurance policy is written on a "claims- <br />made basis," the party will maintain coverage for a minimum of three years past the <br />expiration of this agreement. The retroactive date of the policy shall be indicated on <br />the certificate of insurance outlining coverage. <br />In addition, both parties shall name the other party as an additional insured with respect <br />to its own operations on said policies of insurance. Both parties will maintain all <br />workers' compensation insurance required by law. <br />Page 92 of 309