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cause. PaintCare's acceptance of a non-conforming insurance certificate does not constitute a waiver, <br />compromise or release of PaintCare's rights. lf PaintCare is damaged by the failure of the Service Provider <br />(or its Subcontractors) to purchase or maintain insurance required under this Agreement, the Service <br />Provider shall bear all costs (including attorneys' fees, consultant fees and court and settlement expenses) <br />attributable to such failure to purchase or maintain the required insurance. <br />7. Subcontractor lnsurance. lf the Service Provider uses a Subcontractor to provide any portion of the Services, <br />the Service Provider may satisff the foregoing requirements applicable to the subcontracted Services by ensuring <br />that the Subcontractor providing those Services satisfies each and all of the insurance requirements herein in the <br />same manner as required had the Service Provider maintained that insurance. To the extent the Subcontractor <br />fails to do so, however, the Service Provider is responsible and shall defend, indemnify and hold harmless <br />PaintCare and its officers, agents, and employees to the same extent had all insurance required hereunder been <br />properly procured and maintained by the Service Provider or its Subcontractor, as applicable. <br />D-4