With regard to third party claims, Ecolab will indemnify, defend, and hold Customer harmless from and against any liability, including reasonable attorneys’ fees and court costs, relating to bodily injury, death or property damage, but only to the proportionate extent that such injury, death or property damage is caused by (i) Ecolab’s breach of warranties given above or (ii) Ecolab’s (or Ecolab’s employees’ or agents’) negligent or intentionally wrongful acts or omissions. Customer must give Ecolab prompt written notice of any claim for which Customer intends to seek recovery from Ecolab. Customer may not settle, defend or litigate any claim for which Customer seeks or will seek indemnification from Ecolab without the prior written consent of Ecolab, and Ecolab will not be liable for any settlement or claim established against, or cost or expense incurred by, Customer without that prior written consent.
Ecolab will carry and maintain Workers' Compensation insurance in statutory amounts, Comprehensive General Liability insurance in a minimum amount of $5,000,000, combined single limit, and Automobile Liability insurance in a minimum amount of $5,000,000, combined single limit. Ecolab, upon Customer’s written request, furnish to Customer a memorandum of insurance evidencing this coverage.