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The provisions of this contract shall be binding upon and inure to the benefit of the parties hereto, and <br />their respective successors and assigns. <br />5.20 Force Majeure <br />CONTRACTOR will not be held responsible for delay or default caused by fire, civil unrest, labor <br />unrest, acts of God, and war which is beyond CONTRACTOR's r~asonable control. CONTRACTOR <br />shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and <br />shall, upon the cessation of the cause, diligently pursue performance of its obligations under the <br />contract. <br />5.21 Severability <br />The parties agree that if any teRn or provision of this contract is declared by a court of competent <br />jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions <br />shall not be affected, and the rights and obligation of the parties shall be construed and enforced as if <br />the contract did not contain the particular te~rn or provision held to be invalid. <br />5.22 Insurance Requirements <br />During the term of this contract CONTRACTOR shall maintain in force at its own expense: <br />a. Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject <br />~rrr employers to provide Oregon workers' compensation coverage for all their subject workers <br />(contractors with one or more employees, and as defined by ORS 656.027); <br />b. Automobile Liability Insurance with a combined single limit of not less than $1,000,000 each <br />occurrence for Bodily Injury and Property Damage, including coverage for owned, hired or non- <br />owned vehicles, as applicable; <br />c. General Liability Insurance with a combined single limit of not less than $1,000,000 each claim, <br />incident or occurrence. It shall include contractual liability coverage for the indemniry provided <br />under this contract, and shall provide that the SALEM AREA MASS TRANSIT DISTRICT and its <br />divisions, officers and employees are Additional Insured but only with respect to CONTRACTOR's <br />services to be provided under this contract. <br />d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of <br />limits or intent not to renew the insurance coverage(s) without 30 days written notice from <br />CONTRACTOR or its insurer(s) to the DISTRICT. <br />e. As evidence of the insurance coverage required by this contract, CONTRACTOR shall fumish <br />acceptable insurance certificates to the DISTRICT prior to beginning work under this contract. The <br />certificate will specify all of the parties who are Additional Insured. Insuring companies or entities <br />are subject to acceptance by DISTRICT. If requested, complete policy copies shall be provide to <br />the DISTRICT. CONTRACTOR shall be financially responsible for all pertinent deductibles, self- <br />insured retention and/or self-insurance. <br />123 <br />I CHERRYLIFT CONTRACT AGREEMENT #1296. LIFf <br />