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<br />SECTION VII. <br /> <br />No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained <br /> <br />shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of <br /> <br />any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this <br /> <br />Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in <br /> <br />writing, duly executed as aforesaid and the parties further agree that the provisions of this section may not <br /> <br />be waived as herein set forth. <br /> <br />SECTION VIII. <br /> <br />Contractor will immediately secure public liability insurance in the minimum amounts as follows: <br /> <br />Personal Injury: $250,000/$1,000,000 <br />Property Damage $1,000,000 <br /> <br />Contractor shall pay the premium on such insurance policy, and the County ofCass shall be designated as <br /> <br />a "named insured" on such policy. Contractor shall maintain such policy in force for all months in which <br /> <br />it performs services for the County under the provisions of this Agreement. <br /> <br />SECTION IX. <br /> <br />Contractor agrees to indemnify County from any and all liability, loss or damage the County may suffer <br /> <br />as a result of claims, demands, costs, or judgments arising from or arising against it from services <br /> <br />performed by the Contractor relative to this Agreement. <br /> <br />SECTION X. <br /> <br />Contractor agrees that, upon written direction from the County, aerial application of pesticides over the <br /> <br />County shall be completed within a reasonable time from notification by the County, not to exceed Two <br /> <br />(2) days, unless such performance is prevented by an act of God or unforeseen circumstances beyond the <br /> <br />control of the Contractor. However, the County reserves the right to cancel or withdraw said notice, in <br /> <br />writing, anytime prior to the scheduled application. <br /> <br />2 <br />