6B(1) Blackthorn Golf Course Telephone System

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made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor 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. 23. Insurance. The Contractor shall secure and keep in force during the term of this Agreement, the following insurance coverages, covering the Contractor 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, the Contractor 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. 24. Indemnification. Contractor 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 Contractor 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 Contractor under this Section shall survive the termination or expiration of this Agreement. 25. Equal Opportunity. Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. 26. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 27. Law Governing. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 28. Force Majeure. In the event that either party is unable to perform any of