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City shall give notice thereof to the Contractor or its <br /> assignee, and if repairs or corrections are not made within <br /> the time designated in such notice, the City is authorized to <br /> make or have made repairs or corrections and will charge <br /> and collect the cost thereof from the Contractor as set forth <br /> in section 3.6.3 above. <br /> 3.6.5 The Contractor or its assignee shall in no way consider or <br /> hold the City or its personnel guilty of trespass in the <br /> performance of any municipal services, duties or <br /> responsibilities referred to herein or otherwise related to the <br /> operation of the Combined McKay/Church Ditch. <br /> 3.6.6 Contractor or its assignee shall not close, block or obstruct <br /> the City's access to the Easement Area. Access shall be <br /> made in the manner depicted on Exhibit E such that <br /> provision of the above-stated services to the Easement Area <br /> by the City is practicable. <br /> 3.6.7 The Contractor or its assignee agrees to defend, indemnify, <br /> and hold harmless the City, its officers, agents, and <br /> employees against any and all claims for damage to <br /> Easement Area or injuries to or death of any person or <br /> persons which may result from the Contractor, its <br /> subcontractors, assignees or invitees on the Property and <br /> Easement Area resulting from the Contractors' acts, <br /> ommissions, or act or commissions related to the <br /> construction, reconstruction, operation, repair, replacement, <br /> cleaning, maintenance or any other related servicing of the <br /> Combined McKay/Church Ditch in the Easement Area or on <br /> the Property. <br /> 3.6.8 To assure the City that the Contractor is always capable of <br /> fulfilling the above specified indemnification obligations, the <br /> Contractor or Contractor's subcontractors or assignees <br /> performing any work pursuant to this Agreement shall <br /> purchase and maintain insurance of the kind, in the <br /> amounts, and subject to the conditions set forth in Exhibit F, <br /> attached to this Agreement. However, insurance <br /> requirements contained in this Agreement shall not be <br /> deemed to limit or define obligations of the Contractor as <br /> provided elsewhere in this Agreement, and the Contractor <br /> should rely on its expertise to obtain additional insurance <br /> coverage needed for the City and the Contractor in its <br /> performance hereunder. <br /> 5 <br />