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~ML1R 12 ' 98 01 ~ 35PM COTTONWOOD LgND COMPtaNY <br />November 4, 1996 <br />Page 2 <br />5. <br />P.6i7 <br />EXHIaIT "A" <br />Cottonwood shall fully indemnify, defend and save the Town of Hayden free and harrdless <br />against any and all claims, damages, loss and expenses, including attorneys' fees and other <br />legal expenses, by reason of liability imposed or claimed, or to be imposed by law upon the <br />owner for damaee because of bodily injuries (including death) at any time resulting <br />therefrom, or an account of damage to property sustained by any person or persons azising <br />out of or in consequence of Cottonwood's use of the property described in this Agreement. <br />whether or not such bodily injuries, death or damage to property arise or claim to have <br />azisen in whole or in part out of the negli;ence or any other grounds of legal liabilirv. but <br />excluding however, any liability caused by the sole ne;ligence or willful misconduct of the <br />employees of agents of the Town of Hayden. Without limiting the foregoing. Cottonwood <br />shall subscribe to and carry the follotvin~ insurance during the tet~rr of this Agreement and <br />shall reflect the TotaTt of Hayden as an additional insured on each policy and shall famish a <br />paid certificate of insurance for each term prior to the commencement of each one year <br />period. <br />a. If Cottomvood ha_s an}• employees (whether full or part time). ~%orker's <br />Compensation Coverage. Traumatic Injury (including death) and Occupational <br />Disease Disability insurance in accordance with the laths of the state of Colorado <br />for all zmployees loca[ed on the Property; and <br />b. Comprehensit•e Genersl Liability and Property Damagz insurance <br />(including contractual coverage) with bodily injury limits of SI.000.000 agsregate <br />and property damages. or in lieu ofboth_ S?,000.000 Combinrd Single Limit; and <br />c. Accident insurance cot•erino each participan[ in an amount of 51.000.000 <br />per person and aggregate, <br />Prior to utilizing the Property herein. Cottonwood shall furnish to Ott'ner (if <br />requestzd by Owner) a certificate of insurance showing that the requirements of this <br />paragraph have been sa[isfied. <br />6. Cottonwood agrees to comply with all laws. rules and regulations applying to and <br />pertaining to its ust of the Property at all times during the term of this Agreement. <br />7, In the event any notices aze required to the other parry. notices shall be given to the <br />following persons and addresses: <br />The Town of Hayden <br />Attn: Town Mana;erMayor <br />P.O. Boy 190 <br />Hayden, CO 81639 <br />