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JLIL-23-2004 17:SZ LRFRRGE RGG SRLES 3036574053 P.04i86 <br />APTICLE VII <br />INDEPENDENT CONTRACTOR <br />7.1 Hauler for all purposes hereunder shall be an independent contractor and not the <br />servant, agent, or employee of Company. Company shall have authority to inspect the performance of all <br />services or work to be performed for it hereunder and to satisfy itself that such performance complies wish <br />all legally applicable requirements, as well as the terms and conditions of this Agreement. Company and <br />Hauler understand and agree, however, that Hauler at all times exclusively shall be responsible for the <br />work, the satisfactory completion thereof, and the performance of Hauler's employees and of any <br />subcontractors. At no time shall any employee of Hauler or any subcontractor be or be deemed the <br />servant, agent, or employee of Company. <br />ARTICLE VIII <br />INSURANCE <br />8.1 Prior to and at all times during the performance of the services, Hauler, at its owr, <br />expense shalt provide, and shall require all of its subcontractors to provide, the insurance coverages <br />described below on policy forms acceptable tc Company and with limits not less Phan those shown below <br />a) Worker's Compensation, Occupational Disease, Employer's Liability, Disability <br />Benefit and other similar employee benefit insurance required underyy~~LLyy~nn including <br />cmoloyer's Liabilitv Coverage, at statutory limits; (~(orado <br />b) Comprehensive General Liability including Contractual Liability covering liability <br />assumed under contract with a limit of ~,1,OOQ,000 for Bodily Injury and Property Damage: <br />c) Comprehensive Automobile Liabilitv with a combined single limit of $1,OGO,G00 <br />for Bodily Injury and Property Damage; and shag include coveraoe for aH owned, rton-owned ar.d <br />hired automobiles. <br />Company, in its sole discretion, may zccept other coverages and limits or a combination thereof, <br />that are deemed by it to be substantially equivalent to the foregoing requirmants, as complying v/ith the <br />terms of this Article-Nf' Vttl.~ <br />0.2 All policies shall be endorsed to provide that Hauler's insurers shall not have any right of <br />Subrogation against Company. ~~~~y~ <br />8.3 Hauler's compliance with the provisions of this ARicledX'af~d the limits of liability sho'tdn <br />for each of the insurance coverages :o be provided by Hauler shall not be deemed to constitute a <br />limitation of Hauler's liabilify for any claims or actions or in any way limit, modify, or otherwise affect <br />Hauler's indemnification obligations pursuant to this Ayreernent. The insolvency, bankruptcy, or failure of <br />any insurance company carrying insurance for Hauler or any subcontractor or the failure of any insurance <br />company to pay claims accruing shall not be held to waive any of the provisions of this Agreemen[. <br />0.4 Hauler shall furnish to Company a replacement Certificate of Insurance at least thirty (3C) <br />days prior to the expiration of the current year's Certificate. <br />ARTICLE IX <br />RkCORD RE I EN I ION <br />9.1 Hauler shall preserve all records, documents, and information of whatever kind relating to <br />the delivery of clean fits pursuant to this Agreement for period of Three (3) years after the date on which <br />this Agreement shall terminate. <br />