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8 <br />8.3. Notwithstanding anything in this Agreement to the contrary, NG assumes no <br />obligation or liability for any claim of damages (including the payment of <br />reasonable attorneys' fees) by a third party to the extent arising from or related to <br />(i) any modification of the System made by the Customer, (ii) the negligence or <br />intentional act of the Customer, (iii) the failure to function properly of any <br />hardware, software or equipment of any kind used by, in or on behalf of the <br />Customer (other than that supplied by NG), (iv) the review and analysis of the <br />System data output by the Customer personnel for citation preparation, or (v) the <br />Customer’s use and/or administration of any traffic signal. <br />8.4. The rights of the Customer to seek indemnification under this Section 8 shall be <br />conditioned upon (i) the Customer notifying NG promptly upon receipt of the claim <br />or action for which indemnification is sought and (ii) the Customer’s reasonable <br />cooperation with NG in the settlement or defense of such claim or action at no cost <br />to the Customer. The Customer agrees not to charge NG for the time of the <br />Customer’s personnel engaged in such cooperation. Such cooperation shall <br />include, but not be limited to, the Customer providing access for, and permission <br />to, NG for the purpose of the replacement of such part or parts of Systems as NG <br />may deem necessary or desirable. The Customer may participate in the defense of <br />any indemnified matter through counsel of its own choice and at its own expense, <br />provided that NG shall remain in and responsible for control of the matter. This <br />Section 8 states the entire liability and obligation and the exclusive remedy of the <br />Customer with respect to any actions or claims of alleged infringement relating to <br />or arising out of the subject matter of this Agreement. <br />8.5. NG shall maintain the following minimum scope and limits of insurance: <br />8.5.1. Comprehensive general liability insurance including but not limited to <br />coverage for bodily injury, property damage, premises and operations, <br />products/completed operations, personal and advertising injury, and <br />contractual liability, with a combined single limit of $2,000,000 per <br />occurrence, with a general aggregate limit of $4 million. Such insurance <br />shall include the Customer, its officers, directors, employees, and elected <br />officials as additional insured for liability arising from Contractor’s <br />operation. <br />8.5.2. Workers Compensation as required by applicable state law; and <br />8.5.3. Comprehensive Automobile Liability Insurance for all owned, non-owned, <br />and hired automobiles and other vehicles used by NG with a minimum <br />$2,000,000 per occurrence combined single limit bodily injury and property <br />damage.