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<br />10/15/98 <br /> <br />4. <br /> <br />11 :04 AM ADP Contract <br /> <br />Excess Liability Umbrella Form in an amount of $5,000,000. <br />Each Occurrence and $5,000,000. Aggregate. <br /> <br />B. PROFESSIONAL LIABILITY I <br /> <br />ADP will procure and maintain professional liability insurance for protection from <br />claims arising out of performance of professional services caused by a negligent error, <br />omission or act for which ADP is legally liable, and certificates indicating that such <br />insurance is in effect will be delivered to OWNER. <br /> <br />C. PROOF OF INSURANCE <br /> <br />Prior to commencing any work hereunder, ADP shall provide the City Attorney of <br />Canon City with certificates or other evidence deemed acceptable by the City Attorney <br />that all insurance coverages listed above are in full force and effect. <br /> <br />D. RISK ALLOCATION <br /> <br />1. OWNER and ADP have discussed the risks, rewards and benefits of the <br />project and ADP's total fee for services, and such risks have been <br />allocated to each party. <br /> <br />2. In consideration for services to be rendered, OWNER hereby covenants <br />and agrees never to bring, initiate or maintain, or cause to be brought, <br />initiated or maintained for its benefit, any civil action, proceeding or other <br />civil dispute resolution procedure or process against ADP seeking <br />recovery of monetary compensation in excess of the sum of <br />$1,000,000.00 for any injuries, damages, losses, costs, fees or expenses <br />whatsoever (including, but not limited to attorney's fees, expert witness <br />fees or other fees or expenses arising from or in connection with any <br />dispute resolution procedure or process) in any way arising from or in <br />connection with any negligent act, error or omission in connection with <br />rendering or failing to render any professional services in connection with <br />this Agreement. <br /> <br />3. ADP will cause Professional Associates and Consultants retained by it for <br />this Project to procure and maintain comparable professional liability <br />insurance coverage. <br /> <br />7.04 CONTROLLING LAW <br /> <br />A. This Agreement is to be governed by the laws of the State of Colorado. <br /> <br />6 <br />