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this Agreement.
<br /> D. The confidentiality obligations set forth in this
<br /> section shall survive the termination or expiration of this
<br /> Agreement.
<br /> 8. Insurance. During the term of this Agreement,
<br /> Consultant shall maintain and shall require its contractors and
<br /> consultants responsible for the Work under the Agreement to
<br /> maintain in full force and effect insurance coverage for:
<br /> statutory workers' compensation, public liability, property
<br /> damage, professional liability and automobile liability, each in
<br /> the minimum amount of $1,000, 000.00. Client shall be named as an
<br /> additional insured, and the policy shall contain an endorsement
<br /> requiring at least ten ( 10F days written notice from the
<br /> insurance company to Client before cancellation or change in the
<br /> policy.
<br /> 9 . Indemnification.
<br /> A. Consultant shall indemnify and hold harmless
<br /> Client, its directors, partners, officers, employees, and agents
<br /> against any and all penalties, liabilities, claims, demands and
<br /> causes of action, which they, individually or collectively, may
<br /> suffer to the extent of and in proportion to the failure of
<br /> Consultant or any of its employees, agents contractors or
<br /> consultants to observe or comply with any of Consultant's duties
<br /> and obligations under this Agreement, or by reason of the
<br /> negligence or intentional misconduct of Consultant, its agents,
<br /> employees contractors or consultants provided, however, that
<br /> Consultant's obligations under this sub-section shall be limited
<br /> to the aggregate amount of fees paid or payable to Consultant
<br /> pursuant to this Agreement contingent upon delivery of all
<br /> certificates of additional insurance under section eight, above.
<br /> B. Client agrees that it will defend, indemnify, and
<br /> hold harmless Consultant, it officers, employees, subcontractors,
<br /> and sub-consultants from any liability incurred to any federal,
<br /> state, or local governmental agency or political subdivision in
<br /> connection with any investigation or monitoring of Site
<br /> conditions, any clean-up, containment, remedial, removal or
<br /> restoration work required or performed by any federal, state or
<br /> local governmental agency or political subdivision or performed
<br /> by any nongovernmental entity or person because of the presence,
<br /> suspected presence, release or suspected release of any Hazardous
<br /> Materials on or into the air, soil, groundwater, surface water or
<br /> improvements at, on, about, under or within the Site or any
<br /> portion thereof, or elsewhere in connection with the
<br /> transportation of, Hazardous Materials to or from the Site. Such
<br /> indemnification of Consultant shall exclude liability described
<br /> in this section which is a result of the negligence or intention-
<br /> al misconduct of Consultant, its agents, employees or subcontrac-
<br /> tors, in the performance of such services under this Agreement.
<br /> C. As used in this section, the term "Hazardous
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