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United States Internal Revenue Service or similar state agency regarding payment made to BWG in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if applicable. Section 20. Insurance BWG shall secure and keep in force during the term of this Agreement, the following insurance coverage, covering BWG for any and all claims of any nature which may in any manner arise out of or result from this Agreement: (a) Commercial general liability, including contractual coverage, and products or completed operations coverage, if applicable, with minimum liability limits of $700,000 per person and $5,000,000 per occurrence unless additional coverage is required by statute; (b) Prior to commencement date of the Services provided herein, BWG shall provide proof of such insurance coverage naming the City of South Bend, Indiana as a co- insured by tendering to the City a certificate of insurance prior to the commencement of this Agreement; (c) The insurance coverage required under this Agreement shall include a provision that the policy and endorsements may not be cancelled or modified without prior written notice to the City. Section 21. Indemnification BWG hereby agrees to defend, indemnify, and hold harmless the City, its officials, directors, employees, and agents from any and all claims of any nature which arise from the performance by BWG under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of BWG under this Section shall survive the termination or expiration of this Agreement. Likewise, the City agrees to indemnify, defend and hold harmless BWG and its employees, officers, directors, shareholders, licensees and agents from and against all liabilities, losses, damages or expenses, including reasonable attorneys' fees and costs, which BWG may incur as a result of any claim, suit or proceeding brought or threatened arising out any products and services or any assertions BWG may make on the City's behalf or in any materials BWG may prepare for the City, if, and only if, the assertions are based on information, representations, reports, data or releases supplied to us by or through the City. Section 22. Equal Opportunity - 8 -