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7.1.B. - Page 6 <br /> Nothing herein contained in this Agreement shall be construed to require <br /> Consultant to indemnify Indemnitees against any responsibility or liability in <br /> contravention of California Civil Code Section 2782.8. <br /> The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br /> expense City incurs or makes to or on behalf of an injured employee under the City's <br /> self- administered workers' compensation is included as a loss, expense or cost for the <br /> purposes of this section. <br /> The Parties expressly agree that this section shall survive the expiration or early <br /> termination of the Agreement. <br /> 11. Insurance. Consultant shall obtain and maintain for the duration of the <br /> Agreement and any and all amendments, insurance against claims for injuries to <br /> persons or damage to property which may arise out of or in connection with <br /> performance of the Services by Consultant or Consultant's agents, representatives, <br /> employees or subcontractors. The insurance carrier is required to maintain an A.M. Best <br /> rating of not less than "A -: VII". <br /> 11.1 Coverages and Limits. Consultant, at its sole expense, shall maintain the <br /> types of coverages and minimum limits indicated below, unless otherwise <br /> approved by City in writing. These minimum amounts of coverage will not <br /> constitute any limitations or cap on Consultant's indemnification obligations under <br /> this Agreement. <br /> 11.1.1 Commercial General Liability Insurance. Consultant shall maintain <br /> occurrence based coverage with limits not Tess than $1,000,000 per <br /> occurrence. If the submitted policies contain aggregate limits, such limits <br /> will apply separately to the Services, project, or location that is the subject <br /> of this Agreement or the aggregate will be twice the required per <br /> occurrence limit. The Commercial General Liability insurance policy shall <br /> be endorsed to name the City, its officers, agents, employees and <br /> volunteers as additional insureds, and to state that the insurance will be <br /> primary and not contribute with any insurance or self- insurance <br /> maintained by the City. <br /> 11.1.2 Business Automobile Liability Insurance. Consultant shall maintain <br /> coverage with limits not less than $1,000,000 per each accident for <br /> owned, hired and non -owned automobiles. <br /> 11.1.3 Workers' Compensation Insurance. Consultant shall maintain <br /> coverage as required by the California Labor Code. The Workers' <br /> Compensation policy shall contain an endorsement stating that the insurer <br /> waives any right to subrogation against the City, its officers, agents, <br /> employees and volunteers. <br /> REV: 10 -03 -14 MLG <br /> Page 4 of 15 <br /> ATTY /AGR.2014.200Nerde Design, Inc. <br />