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1. All Owned Automobiles <br />2. All Non -Owned Automobiles <br />3. All Hired Automobiles <br />d. Umbrella Liability <br />1. $10,000,000 Each Claim <br />$10,000,000 Annual Aggregate <br />2. The Umbrella Liability shall provide excess limits over and above the Commercial <br />General Liability, Employers' Liability and Commercial Automobile Liability limits as <br />stated in this Section. <br />e. Professional Liability/Pollution Incident Liability <br />Professional Liability insurance including Pollution Incident Liability coverage with limits <br />of not less than $5,000,000 Per Claim / $5,000,000 Annual Aggregate. <br />7.3 Certificates of Insurance <br />Certificates of Insurance shall be provided upon request. <br />7.4 Barr and City waive all rights against each other, their subcontractors, agents, and employees, <br />and the other's consultants, separate contractors, and their subcontractors, agents, and <br />employees for losses or damages covered by property or casualty insurance, commercial <br />general liability, or Builder's Risk insurance. This waiver of subrogation shall be effective <br />notwithstanding any duty of indemnity. <br />Section 8: Risk Allocation and Disputes <br />8.1 Except to the extent of Barr's obligations under Paragraph 4.2, in providing Services under <br />this Agreement, Barr makes no representation or warranty as to the quality or safety of any of <br />the goods, parts, or equipment recommended, approved, used, or provided in connection <br />with a Work Order. Barr expressly disclaims any warranties, express or implied, including <br />warranties of merchantability and fitness for a particular purpose. Barr shall not be liable for <br />special, incidental, indirect, consequential, or punitive damages, including but not limited to <br />damages arising from delay, loss of use, loss of profits or revenue, loss of financing <br />commitments or fees, or the cost of capital. <br />8.2 City, and all those claiming through it, covenant not to sue individual employees, officers, <br />directors, and shareholders of Barr and its professional subconsultants, for claims of <br />professional negligence. This provision shall not be construed as waiving claims against Barr <br />for professional negligence. <br />P:\Mpls\23 MN\62\23621176 New Brighton DX Response\23621176.00 Initial <br />Res ponse\ProjRiskMgmt\Contracts\New Brig hton_DXResponse_MasterServicesAgmt_FinalAocx Page 6 <br />