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FRUE COPY
<br />;ERTIFICATION ON LAST PAGE
<br />I.R SMITH. CLERK
<br />4.4 Hold Harmless/Indemnification.
<br />4.4.1 BROKER agrees to indemnify, hold harmless and defend COUNTY, its members, officials,
<br />officers or employees from any and all claims, judgments, costs, and expenses including, but
<br />not limited to, reasonable attorney's fees, reasonable investigative and discovery costs, court
<br />costs and all other sums which COUNTY, their agents, officers, elected officials and
<br />employees may pay or become obligated to pay on account of any, all and every claim or
<br />demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to
<br />have arisen out of the products, goods or services furnished by BROKER, its agents, servants
<br />or employees; the equipment of BROKER, its agents, servants or employees while such
<br />equipment is on premises owned or controlled by COUNTY; or the negligence or other
<br />culpability of BROKER or the negligence or other culpability of BROKER's agents when
<br />acting within the scope of their employment, whether such claims, judgments, costs and
<br />expenses be for damages, damage to property including COUNTY's property, and injury or
<br />death of any person whether employed by BROKER, COUNTY or otherwise.
<br />4.4.2 BROKER agrees that BROKER's obligation to hold harmless and defend an indemnitee
<br />under Section 4.4 with respect a claim, judgment, cost, or expense resulting from bodily
<br />injury, personal injury, or damage to tangible property, caused in whole or in part by
<br />BROKER, its agents, servants or employees, shall apply whether or not the claim, judgment,
<br />cost, or expense is due to or caused in part by the negligence or other culpability of the
<br />indemnitee, excluding only the sole negligence or other sole culpability of the indemnitee.
<br />4.4.3 Any remedy provided to an indemnitee by this Section 4.4 shall be in addition to and not in
<br />lieu of any other remedy available to the indemnitee under this Agreement or otherwise.
<br />4.5 BROKER Insurance Requirements.
<br />4.5.1 Evidence of Insurance.
<br />4.5.1.1 Certificate of Insurance. BROKER shall furnish COUNTY with a fully completed
<br />satisfactory Certificate of Insurance such as a standard ACORD Certificate of Liability
<br />Insurance (ACORD Form 25) or other evidence satisfactory to COUNTY, signed by an
<br />authorized representative of the insurer(s) providing all of the coverages required herein.
<br />4.5.1.2 Additional Insured Endorsement. In addition, as evidence of the required
<br />Additional Insured status for COUNTY on the Commercial General Liability insurance,
<br />BROKER shall furnish COUNTY with a copy of the actual additional insured endorsement
<br />as issued on the policy, signed by an authorized representative of the insurer(s), verifying
<br />inclusion of COUNTY and COUNTY's members, officials, officers and employees as
<br />Additional Insureds in the Commercial General Liability coverage.
<br />4.5.1.3 Notice of Cancellation. All policies of insurance providing the insurance required
<br />under this Section 4.5, must be endorsed to provide that COUNTY shall be given no less
<br />than thirty (30) days' prior written notice prior to any cancellation of such policies. In
<br />addition, BROKER shall furnish COUNTY with copies of the actual endorsements, as issued
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