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<br />(b) institutes voluntary liquidation, dissolution or winding up procedures, becomes <br />bankrupt, takes any voluntary proceedings under any bankruptcy or insolvency law to <br />be adjudicated as bankrupt or for any other similar relief, makes an assignment for the <br />benefit of creditors or seeks or becomes subject to the appointment of a receiver which <br />is not stayed or vacated within sixty days (60) days after the appointment; <br /> <br />(c) fails to maintain the insurance coverage required by Article 7; or <br /> <br />(d) breaches any statutes, ordinances, rules, regulations, and other laws applicable to the <br />performance of Services under this Agreement. <br /> <br />ARTICLE 7 <br />Insurance <br /> <br />7.1 The Company shall provide, maintain, and pay for the following insurance coverage's: <br /> <br />(a) Commercial General Liability Insurance: <br /> <br />Commercial general liability insurance with Fargo/Cass/West Fargo named as <br />additional insureds with limit of not less than $6 million per occurrence and in <br />aggregate per policy year for bodily injury, death and damage to property including the <br />loss of use thereof, inclusive of defense costs. The form of this insurance shall be <br />acceptable to Fargo/Cass/West Fargo and shall be maintained continuously during the <br />term ofthis Agreement. The policy shall cover as unnamed insured's all subcontractors <br />and anyone employed directly or indirectly by the Company or the subcontractors to <br />perform any part or parts of the Services, The policy shall include coverage for cross <br />liability and contractual liability, which shall, by its wording or by endorsement, <br />specifically extend to insure the liabilities assumed by the Company under this <br />Agreement. The Certificate ofInsurance shall provide Fargo/Cass/West Fargo with not <br />less than 30 days' notice in advance of cancellation, termination, change or amendments <br />restricting coverage. <br /> <br />(b) Automobile Liability Insurance: <br /> <br />Motor vehicle insurance respecting owned and/or leased motor vehicles with an <br />inclusive limit of not less than $2,000,000 for anyone occurrence with respect to <br />operations in the United States, and the Certificate of Insurance shall provide <br />Fargo/Cass/W est Fargo with not less than 30 days' written notice in advance of any <br />cancellation, termination, changes or amendment restricting coverage. <br /> <br />(c) Consultant's Equipment Insurance: <br /> <br />All risk equipment insurance covering any equipment used by the Company for the <br />performance ofthe Services, shall be in a form acceptable to Fargo/Cass/West Fargo <br />and shall not allow subrogation claims by the insurer against Fargo/Cass/West Fargo. <br />The Certificate of Insurance shall provide Fargo/Cass/West Fargo with not less than 30 <br /> <br />- 10- <br /> <br />C:\Documents and Settings\worden\Local Settings\Temporary Intemet Files\OLK658\Emergency Response Services Agreement.doc <br />