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