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hazardous substances that may currently be located on the Subject Property. RTD shall
<br />be responsible for all precautions necessary or advisable for the protection of its
<br />employees, contractors and subcontractors, as well as TENANT's and OWNER's
<br />employees, agents, contractors and subcontractors in connection with the ACTIVITIES.
<br />12. Insurance: RTD shall, at its own cost and expense, procure and at all times
<br />during the right of entry, maintain bodily injury liability and property damage liability
<br />insurance adequate to protect RTD, its agents and employees against liability from injury
<br />or death of any person or damage to the subject property in connection with the
<br />ACTIVITIES. Such insurance shall be in the amount of no less than $1 million combined
<br />single limits for bodily injury or property damage. Said policy or policies shall name
<br />OWNER and TENANT as additional insureds and shall insure against contingent
<br />liabilities, if any, of OWNER and TENANT and their agents and employees, and shall
<br />obligate the insurance carrier(s) to notify OWNER and TENANT, in writing, not less than
<br />thirty (30) days prior to the cancellation thereof or as to any other change affecting the
<br />coverage of the policy or policies. The limit of such insurance shall not limit the liability of
<br />RTD.
<br />13_ Addition to Insurance. During the right of entry, RTD shall name OWNER,
<br />TENANT, and each of its contractors and subcontractors as additional insured under any
<br />of its applicable Automobile Liability, General Liability, Professional Liability and Pollution
<br />Legal Liability policies. RTD shall deliver a complete copy of any such applicable
<br />insurance certificates and related insurance policies to TENANT before entry and any
<br />ACTIVITIES are performed. No applicable insurance will be cancelled, rescinded, refused
<br />or changed during the period of the ACTIVITIES unless at least 30 days prior written
<br />notice is given to OWNER and TENANT and RTD remains in compliance with the
<br />insurance obligations set forth above.
<br />14. Indemnification of OWNER, TENANT. As part of the material consideration
<br />to OWNER and TENANT hereunder, RTD, to the fullest extent permitted by law, shall
<br />defend, indemnify, and hold harmless OWNER and TENANT and its officers, employees,
<br />agents, and representatives from and against any and all claims, causes, of action, suits,
<br />legal or administrative proceedings, demands, liabilities, monetary loss, interest,
<br />attorneys' fees, costs, expenses, punitive damages and appeals of whatsoever kind or
<br />nature arising out of RTD's, its agents', employees', contractors' or subcontractors'
<br />performance of this Agreement and any similar ACTIVITIES RTD, or its agents,
<br />employees, contractors or subcontractors may conduct on the Subject Property, including
<br />but not limited to injury or death to persons, damage to real and personal property,
<br />whether on-site or off-site, and whether arising during or after completion of the services
<br />and/or the ACTIVITIES pursuant to this Agreement or in any manner caused, occasioned,
<br />or contributed to in whole or in part, by any act, omission, oversight, misfeasance,
<br />malfeasance, nonfeasance, fault, negligence, reckless, careless or intentional conduct of
<br />RTD or its officers, employees, agents, engineers, subcontractors or suppliers, including
<br />any breach of this Agreement.
<br />This indemnification, defense, and hold harmless provision also applies to claims,
<br />liabilities, losses, expenses or suits under federal law and/or state environmental statutes,
<br />including but not limited to CWA, RCRA, CERCLA, CAA or any other environmental law,
<br />{00198228.} [HCS 510484] DRAFT 4-20-23 22
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