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Work, and design details of each letter, and will cooperate with the City to provide a replacement letter, if possible, at a price then agreed upon by the parties. 4) FORCE MAJEURE. Any delay in the performance by Artist shall be excused if such delay is caused by act of the City, its agents, contractors, employees or by act of God, accident, war, war -like operations, civil commotion, riots, labor disputes, sabotage, governmental acts, regulations or controls, fire or other casualty. Failure to fulfill contract obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract provided those obligations affected shall be suspended only for the duration of such conditions. 5) RISK OF LOSS. The risk of loss or damage to the Work shall be borne by Artist until the Work has been delivered to the site and inspected by City representatives to determine if any pieces are damaged or have been lost. 6) INSURANCE. Artist agrees to procure at her expense and to maintain through fabrication, transportation, and transfer of ownership title of the Work, insurance as follows against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Artist, doing business as Bella Iron Works, its agents, employees, representatives or subcontractors: A) General Liability and Bodily Injury Insurance. A comprehensive, general liability insurance for at least $1,000,000 combined limit for bodily injury and property damage and provide that the City, its officers, employees and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Artist and that no other insurance effected by City or other named insured will be called on to cover a loss covered there under. B) Automobile Liability Insurance. Automobile liability insurance in an amount not less than $500,000 per person/per occurrence. C) Workers' Compensation Insurance. Workers' Compensation Insurance for all of Bella Iron Works' employees, if any, all in strict compliance with State laws, and to protect the City from any and all claims there under. If Artist has no employees, Artist will provide the city a written statement to that effect, and this requirement for workers' compensation insurance shall be waived. Artist shall complete and file with City a Certificate of Insurance prior to City's execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, cancelled, reduced in coverage or in limits without providing thirty (30) days prior written notice by certified mail, return receipt requested, to the City. In addition, Artist shall provide thirty (30) days prior written notice to the City of any suspension, cancellation, reduction of coverage or in limits, or voiding of the insurance coverage required by this Agreement. Page 4 of 8