2015-09-28_REVISION - M1979181 - Laserfiche WebLink

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7. Termination. This Agreement shall terminate on June 30, 2016. In the event of a default by the Corrpa ny, or for any other reason at the County's sole discretion, County may terminate this Agreement upon thirty (30) days written notice. in the ei ent termination is due to a default by Company, the County shall provide Company notice of the default and a reasonable opportunity to cure such default, but any default shah be corrected in not more than thirty (30) days. 8. Indemnity and Assumption of Risk. Company acknowledges that there is an inherent risk to its employees, agents, representatives and contractors by traveling to the Company's property during the winter months because of the high risk of avalanche danger and other adverse weather related conditions. Company specifically assumes all of such risks and shall save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and, contractors for losses, damages or judgments and expenses, including reasonable attorney's fees and costs, on account of bodily injury, death or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part out of the activities of Company, its employees, subcontractors or agents and Company's guests and invitees, under the terms of this Agreement. Nothing stated herein is intended to nor shah it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limitations and protections provided by C.R.S. Section 24-10-101 et seq. 9. Insurance. Company shall purchase, at a minimum, the types and amounts of insurance coverage as stated herein and agrees to comply with any revised insurance limits the County may reasonably require during the tern of this Agreement. A company authorized to do business in Colorado shall underwrite any policy of insurance required hereunder. Any such policy shall include Ouray County as an additional insured, and such policy shall contain a provision that coverage shall not be cancelled or altered until at least thirty (30) days prior written notice has been given to County. If the insurance policy lapses of becomes void for any reason whatsoever, Company's rights under this Agreement shall be suspended until a new insurance certificate is provided to County. At the inception of this Agreement, Company shall provide County with a properly authorized and exec tted current certificate of insurance reflecting insurance coverage that complies with the terms of this Agreement, Company shall not operate under the terms of this Agreement until all appropriate insurance is acquired and notice of the same has been supplied to County. a. Company shalt provide comprehensive general liability insurance against claims occasioned by actions or omissions of Company in carrying out the activities and operations authorized hereunder. Such insurance shall not be less than five hundred thousand ($500,000.00) dollars per occurrence and one million ($1,000,000.00) in the aggregate covering both bodily injury and property damage. If claims reduce available insurance below the required per occurrence limits, Company shall obtain additional insurance to restore the required limits. An umbrella or excess liability policy, in addition to a comprehensive general liability policy, may be used to achieve the required limits. b . All liability policies shall specify that the insurance company shah have no right of subrogation against the County and the insurance company shall have no recourse against the County for payment of any premium or assessment 10. Notification to County. Company shall immediately notify County of all accidents that occur in connection with the activities contemplated under this Agreement, and in no event later than twenty-four (24) hours following any such accident. Page 4 of 6