Authorization, Access & Indemnification Agreement - Cross Bore Safety Initiative

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11.Indemnification. NIPSCO shall indemnify, defend, and hold harmless the City and its agents, representatives, and employees from and against any and all claims, losses, and damages for personal injury, property damage, or economic harm asserted by any third -party as a result of N1PSCO's activities under this Agreement related to; (i) televising the City's sanitary, storm, and/or combined sewer piping, including, but not limited to, any sewage backups caused by such activities; (ii) the extension of gas service and any cross boring done in connection therewith; or (iii) any other actions contemplated by this Agreement, including, but not limited to, the completion of repairs to City -owned sewer piping undertaken by NIPSCO or its agents. 12.Insurance. NIPSCO agrees to procure and maintain in force during the term of this Agreement, at its sole cost and expense cost, the following coverages. . a. Workers' Compensation Insurance as required by applicable state statute. b. Commercial General Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) and TWO MILLION DOLLARS ($2,000,000.00) aggregate. c. Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) for any one occurrence. d. Professional Liability coverage with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each claim and in the general aggregate. NIPSCO agrees to include the City as an additional named insured on the policies and produce to the City evidence of the same, including without limitation Certificates of insurance within thirty (30) days of the execution of this Agreement and annually thereafter throughout the term of this Agreement. To the extent that the City is harmed as a result of NIPSCO's activities under this Agreement, NIPSCO hereby grants the City first priority on any proceeds received from NIPSCO`s insurance. Notwithstanding anything in this Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 13.Miscellaneous Provisions. a. Time of the Essence. The Parties agree that time is of the essence for this Agreement. b. Non -Disclosure of Information. Information or video footage received by NIPSCO during the performance of the Project shall not be disclosed to any third party except with the written consent of the City. 4