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. ' Page: 5 <br />shall include coverage for completed operations, and shall provide the primary <br />coverage on all claims arising out of the performance of the Contract. <br />c. euto Liabilitv <br />The Contractor and any subcontractors shall provide Automobile Bodily Injury and <br />Property Damage Insurance covering all automobiles defined as motor vehicles, <br />whether owned, non-owned, leased, or hired, with not less than the following limits: <br />Limits: $500,000 Per Occurrence Per Person <br />$500,000 Per Occurrence For Bodily Injury <br />$500,000 Per Occurrence for Property Damage <br />d. Additionallnsured <br />The Contractor shall name Salem Area Mass Transit District/Marion County/Melvin <br />Mark Companies as additional insured on policies required in (b) and (c) above, and <br />shall show evidence of such coverage prior to the execution of this Contract. <br />e. Cancellation <br />Policies required for this contract may not be cancelled without thirty (30) days <br />advance notice to Salem Area Mass Transit District/Marion County. Policies must be <br />replaced with comparable coverage prior to lapse of old policy. <br />5. ORS COMPLIANCE <br />In performing their respective obligations under this Agreement, each of the pa~ties agrees to <br />comply with all applicable state laws including, without limitation, ORS 279.310 to 279.445, <br />each of which is incorporated herein by reference. In addition, each of the pa~ties agrees to <br />comply with the FTA contract clauses attached hereto and incorporated by reference herein. <br />In the event of any conflict between the provisions of this Agreement and the foregoing state <br />statutes, the state statutes shall control. In the event of any conflict between this Agreement <br />and the FTA cont~act clauses, the FTA contract clauses shall control. Not every requirement <br />of the foregoing state statutes or the FTA contract clauses will apply in each instance to the <br />performance of each party under this particular contract. The nature of the obligations of a <br />party under this Agreement will determine which requirements of state law and FTA contract <br />clauses will apply. Requirements that do not apply will not be enforced. <br />6. NON APPROPRIATION <br />If the goveming body of the Safem Area Mass Transit District and Marion County fail to <br />specifically appropriate sufficient funds to make the payments due in any fiscal year and no <br />such appropriation is legally made, Salem Area Mass Transit District and Marion County may <br />terminate this Agreement at the end of the then-current fiscal year and all obligations of the <br />parties under this Agreement arising thereafter shall terminate. Nothing in this Agreement <br />shall be deemed in any way to obligate the Salem Area Mass Transit District or Marion <br />County beyond the current fiscal year. <br />`J <br />