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<br /> -2- <br /> 6. ACCIDENT PREVENTION <br /> a. The Contractor shall exercise proper precaution at all times <br /> for the protection of persons and property and shall be responsible for <br /> all damages to persons or property, either on or off the site, which <br /> occur as a result of his prosecution of the work. The safety <br /> provisions of all applicable laws and building and construction codes <br /> shall be observed and the Contractor shall take or cause to be taken <br /> such additional safety and health measures as the City of San Marcos <br /> may determine to be reasonably necessary. Machinery, equipment and all <br /> hazards shall be guarded in accordance with the safety provisions of <br /> the "Manual of Accident Prevention in Construction" published by the <br /> Associated General Contractors of lmerica, Inc., to the extent that <br /> such provisions are not in conflict with any other applicable laws. <br /> b. The Contractor shall maintain an accurate record of all cases <br /> of death, occupational disease, and injury requiring medical attention <br /> or causing loss of time from work, arising out of and in the course of <br /> employment on work under the Contract. The Contractor shall promptly <br /> furnish the City of San Marcos with reports concerning these matters. <br /> 7. INDEMNIFICATION OF CITY OF SAN MARCOS <br /> The Contractor hereby agrees to protect, defend, indemnify and hold <br /> the City of San ~1arcos, Texas and its employees, agents, officers and <br /> servants free and harmless from any and all losses, claims, liens, <br /> demands and causes of action of every kind and character including, but <br /> not limited to the a.m:Junts of judgments, penalties, interests, court <br /> costs, legal fees, and all other expenses incurred by said City arising <br /> in favor of any party, including claims, liens, debts, personal <br /> injuries, including employees of said City, death or damages to <br /> property (including property of said City) and without limitation by <br /> enumeration, all other claims or demands of every character ocurring or <br /> in anywise incident to, in connection with or arising directly or <br /> indirectly out of this Contract. Contractor agrees to investigate, <br /> handle, respond to, provide defense for and defend any such claims, <br /> demand, or suit at the sole expense of Contractor. Contractor also <br /> agrees to bear all other costs and expenses related thereto, even if <br /> the claim or claims alleged are groundless, false or fraudulent. This <br /> indemnification shall not be limited by the specification of any <br /> particular insurance coverage in this Contract. <br /> 8. INSJRANCE <br /> The Contractor shall, at his own cost and expense, maintain, <br /> purchase and keep in force such insurance as will protect him from <br /> claims which may arise out of or result from his operations under this <br /> contract, whether such operations are by himself or by anyone directly <br /> or indirectly employed by him or by anyone for whose acts he may be <br /> liable on an occurence basis with minimum limits of liability in an <br />