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ARTICLE V INSURANCE and INDEMNITY 5.0. The Town/Village shall procure and maintain insurance coverage for its maintenance, operation and/or repair of the Property as specified in Schedule “D” attached hereto and made a part hereof. 5.1 During the term of this Agreement, the Town/Village agrees to cause its design professionals, contractors, sub-contractors and vendors to maintain insurance coverage consistent with the insurance requirements included as Schedule “D” attached hereto and to name the “County of Erie” as an additional insured on all such insurance policies, and to provide to the County Attorney certificate(s) of insurance evidencing such insurance coverage prior to the commencement of any work hereunder. 5.2 Notwithstanding the preceding sentence, the Town/Village may provide proof of self-insurance in lieu of insurance policies for the work performed by its own professionals in the design of the Project. 5.3. To the fullest extent authorized by law, the Town/Village, and its design professionals shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney’s fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Town/Village or third parties under the direction or control of the Town/Village; and to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. 5