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days notice in advance of cancellation, termination, or reduction of limit by endorsement. 7.2 Payment of Premiums The Company shall pay all premiums and costs of all insurance required to be effected by the Company under this Agreement and shall provide Fargo/Cass/W est Fargo with proof of insurance prior to commencement of the Services, evidence of subsequent renewals and shall promptly, when requested to do so, provide Fargo/Cass/West Fargo with a certified true copy of each insurance policy and such other documents sufficient to show and establish at all times the current provisions and status of policies in force. 7.3 Failure to Provide If the Company fails to provide or maintain insurance as required in this Agreement, then Fargo/Cass/West Fargo shall have the right to provide and maintain such insurance and give evidence thereof to the Company, or to terminate the Agreement under Section 6.2. The cost thereof shall be payable by the Company or Fargo/Cass/W est Fargo on demand or Fargo/Cass/W est Fargo may deduct the costs thereof from any monies which are due or may become due to the Company. 7.4 Liability Limitations Any insurance coverage acquired hereunder shall in no manner restrict or limit the liabilities assumed by the Contractor under this Agreement, provided, however that the Company and Fargo/Cass/West Fargo acknowledge and agree that the aggregate monetary limits ofthe insurance required to be obtained by the Company under the provisions of this Agreement shall be construed as and shall limit the maximum monetary damages payable by the Company under Article 8 of this Agreement. ARTICLE 8 Liability and Indemnity 8.1 Standard of Care In interpreting information and making recommendations, either written or oral, as to the type or amount or material or services to be furnished or manner of performance or in predicting results to be obtained there from, the Company will give Fargo/Cass/W est Fargo its professional opinion based on its knowledge and experience. Company shall perform its service with the skill ordinarily exercised by a recognized professional engineer and consultant firm performing similar services of a similar nature at the same time and in the same geographic area. Nevertheless, any recommendations or predictions given in the provision of the Emergency Response Service are opinions only, and in view of the emergency nature of the situation, the possibility that obtaining firsthand knowledge ofthe many variable conditions may be impractical and the necessity of relying on facts and supporting services furnished by others, no warranty is given concerning the effectiveness of the materials used, recommendations given, or the services rendered. Notwithstanding the foregoing, the Company shall indemnify and save harmless Fargo/Cass/W est Fargo, their directors, officers, servants, agents and employees from and against any and all costs, - 11 - C:\Documents and Settings\worden\Local Settings\Temporary Internet Files\OLK658\Emergency Response Services Agreement.doc