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limits of$2,000,000 per occurrence,if an occurrence form is available,or with a "claims made" <br /> form with "tail coverage" extending three(3)years beyond the termination or expiration of this <br /> Agreement. Proof of tail coverage shall be submitted with the Company's invoice for its final <br /> payment. In lieu of tail coverage,the Contractor may submit annually to the SWDD a current <br /> certificate of insurance proving that claims made insurance remains in force throughout the <br /> same three(3)year period. Such insurance shall provide coverage for pollution and <br /> environmental remediation.The form and content of the insurance coverage,as well as the <br /> financial stability of the company issuing the insurance,shall be subject to the prior review and <br /> approval of the SWDD.The SWDD shall be added as a named insured on the insurance policy. <br /> 6.03 Proof of Insurance <br /> The Contractor shall furnish the SWDD a certificate of insurance in a form acceptable to the <br /> SWDD for the insurance required.Such certificate or an endorsement provided by the <br /> Contractor must state that the SWDD will be given thirty(30)calendar days written notice prior <br /> to cancellation or material change in coverage.Copies of an endorsement-naming SWDD as <br /> Additional Name Insured must accompany the Certificate of Insurance. <br /> ARTICLE 7-INDEMNIFICATION <br /> 7.01 Contractor shall indemnify and hold harmless the Owner, and its officers and employees, from <br /> liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees,to the <br /> extent caused by the negligence,recklessness,or intentional wrongful misconduct of the Contractor <br /> and persons employed or utilized by the Contractor in the performance of the Work. <br /> ARTICLE 8-CONTRACTOR'S REPRESENTATIONS <br /> 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following <br /> representations: <br /> A. Contractor has examined and carefully studied the Contract Documents as specified in Article 8 and <br /> the other related data identified in the Invitation to Bid documents. <br /> B. Contractor has visited the Site and become familiar with and is satisfied as to the general,local,and <br /> Site conditions that may affect cost,progress,and performance of the Work. <br /> C. Contractor is familiar with and is satisfied as to all federal,state,and local laws and regulations that <br /> may affect cost,progress,and performance of the Work. <br /> D. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all <br /> additional or supplementary examinations, investigations, explorations, tests, studies, and data <br /> concerning conditions (surface,subsurface,and underground utilities) at or contiguous to the Site <br /> which may affect cost, progress, or performance of the Work or which relate to any aspect of the <br /> means, methods, techniques, sequences, and procedures of construction to be employed by <br /> Contractor,including applying the specific means,methods,techniques,sequences,and procedures <br /> of construction,if any,expressly required by the Contract Documents to be employed by Contractor, <br /> and safety precautions and programs incident thereto. <br /> Page 5 <br />