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-4- <br /> <br />ne <br /> <br />The Contractor may recommend removal of any shrub he feels is <br />beyond renovation; but, removal shall occur only after City <br />approval. <br /> <br />Bo <br /> <br />Ail other procedures or operations not outlined will be nego~ <br />tiated separately. <br /> <br />IX. <br /> <br /> City agrees to provide all water connections and water necessary for <br />the performance of this contract by Contractor and to provide for all road <br />maintenance at said Cemetery. Contractor agrees that any water connections <br />standing above ground that are destroyed or damaged by the acts of Con- <br />tractor or his employees shall be replaced by Contractor at Contractor's <br />expense. City, also, agrees to provide electrical connections and pay an <br />amount equal to the minimum charge for electricity supplied to said Ceme- <br />tery. Contractor agrees to pay all charges for electricity above the <br />minimum charge. <br /> <br />XI. <br /> <br /> Contractor, its officials, agents, and employees agree to indemhify, <br />save and hold harmless City and all officers, agents, and employees of <br />City from and against all liability, damages, claims, losses, demands, <br />suits, judgements, and costs, including reasonable attorney's fees and ex- <br />penses arising out of or resulting from the services provided by Contrac- <br />tor pursuant to this Agreement, except those arising out of the negligent <br />acts of the officers, agents, and employees of City. <br /> <br />XII. <br /> <br /> Within fifteen (15) d~ys of execution of this Agreement by Contractor, <br />Contractor shall furnish to City certificate of insurance which shall <br />evidence that Contractor is insured with insurance carriers satisfactory <br />to City against any liability which might arise from the undertakings <br />described in this Agreement. Said insurance shall be in minimum limits <br />of one hundred thousand dollars ($100,000.00) per person and three <br />hundred thousand dollars ($300,000.00) for any single occurrence of bodi- <br />ly injury or death and one hundred thousand dollars (i$100,000.00) for any <br />single occurrence for injury to or destruction of property. Said insurance <br />policy shall name City as co,insured. Said insurance shall contain the <br />endorsement that such insurance shall not be cancelled or amended with <br />respect to Contractor without ten (10) days written notice by certified <br />mail, return receipt requested, to City by the insurance company. City <br />shall not be required to pay any premiums on said policies. Any policy <br />herein required procured by Contractor shall contain an express waiver <br />of any rights of subrogation by the insurance company against City. The <br />minimum limits Contractor's liability under Part XI of this Agreement. <br /> <br />XIII. <br /> <br /> Should the terms and conditions of this contract be violated by either <br />party or the purpose of the making of this contract be lost by either <br />party, this contract may be terminated by giving thirty (30) days written <br />notice to the other party citing the reason(s) or violation(s) necessi- <br />tating termination. This contract shall cease and terminate on the lapse <br />of thirty (30) days and in the ~ent that termination does not coincide <br />with pay p~riods established herein, Contractor shall be entitled to a pro <br />rata payment on a per diem basis. <br />Executed this 25thday of August~'~'~' <br /> <br />ATTEST: <br /> <br />Janis WomaCk <br />City Secretary <br /> <br />Emmie Craddock <br />Mayor <br /> <br />AC°~t~ a~atw°nr M'ain~nance <br /> <br /> <br />