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All of the insurance policies issued herein shall show the Commission as a named insured as its interest may appear. All such insurance policies shall be written by companies authorized to do business in the State of Indiana. 7. Utility Service. Company shall be responsible for the payment of all utilities providing service to the Generator. 8. Indemnification. A. The Company agrees to indemnify and hold harmless the Commission and the City of South Bend and its respective officers, directors, duly authorized agents and employees from any and all claims brought against them for personal injury, death, property damage and any other losses, damages, charges, or expenses, including reasonable attorney fees, which in connection with, or by reason of any act, omission, or negligence of the Company or of any occupant, visitor or user present on or about the Generator in connection with the Company's activities pursuant to this Use Agreement. B. The Company further indemnifies and holds harmless the Commission, its officers, directors, employees and agents with respect to any claim or liability for the loss or theft of or damage to the Generator. 9. Default and Remedies. In the event either Party hereto shall materially breach, violate or fail fully to perform any term or provision contained in this Use Agreement; the non- breaching Party may, upon thirty (30) days written notice thereof, terminate this Use Agreement, provided however, the defaulting party shall have the right and opportunity to cure the default within said thirty (30) day period or if such breach, violation or non - performance can not be cured within a thirty (30) day period to begin diligently to effect such cure during such period. In the event such breach, violation, or non - performance is not cured within said thirty- (30) day period (or, as to defaults not curable within thirty (30) days, diligent efforts to effect a cure during such thirty (30) day period have not begun), then this Use Agreement shall terminate upon the expiration of such period and the non- breaching party shall thereupon have the right to exercise such additional rights or remedies as it may have by law. 3