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~.: ~ • crossing as identified on .xhibit "A". We°*ern shall repair and pay for any damage caused by 'destern or Western's subcontractors, agents or employees. It is mutually agreed to by the parties that due to the status of the described sewer trunk line that all repairs must be 'mmediately made by 'destern upon iden- tification and/or notice of the same. The cost and expense of any repairs to restore the condition of the easement and/or pipeline shall be borne by Western, including any repair undertaken by the District to restore the same. The District shall have a right of reimbursement against Western for any and all costs thereof. 7. It is understood by the parties that Western is an independent operator and contractor. Further, the District shall not be responsible or liable for the operation or maintenance of Western's business. Western hereby indemnifies the District against all liabilities, claims, and demands for personal injury or property damage arising out of or caused by any act or omission of 'destern, its subcontractors, agents or employees. In addition, Western or any subcontractors employed by it shall at all times during the performance under this Agreement carry Workmens' Compensation insurance fully covering all persons engaged in the performance of this Agreement in accordance with Colorado law, carry comprehen- sive public liability insurance covering death or bodily injury with limits not less than 5500,000 for one person and $1,000,000 for any one accident or disaster and property damage coverage of not less than $500,000. All such poli- cies of insurance shall contain a provision that the same shall not be cancelled nor the coverage modified nor the limits changed without first giving ten (10; days written notice to the Oistrict. Such policy of Insurance shall be written by insurance companies satisfactory to the District, and certificates of insurance evidencing the coverage shall be provided to the District, by mail, addressed to: West Montrose Sanitation District, 239 Chipeta Drive, Montrose, Colorado 81d0i. 8. In the event of default of eitfter party, in the performance of this Agreement, the nondefaulting party shall have all the rights and remedies available to it under the laws of the State of Colorado, and in addition thereto, in the event either party initiates legal proceedings to enforce any of the terms or conditions of this agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorney's fees, including those on appeal, in addition to statutory costs and disbursements. (2)