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subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be tiabie ("Claims"). Contractor witl bear all losses, costs, damages, expense and liability of every kind, nature and description, inciuding attomeys' fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obiigations to defend, hoid harmless and indemnify the City shall not apply to the extent that such Liability is caused by the sole negfigence or wiliful misconduct of the City. With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type of e�yaress or implied indemnity against the indemnitees. However, notwithstanding the foregoing, in accordance with Califomia Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law. Futthermore, notwithstanding the forgoing, to the extent this Agreement is a construction contractfl as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Confra�tor to indemnify shall not apply when to do so wouid be prohibited by California Civil Code Section 2782. Nothing herein contained in this Agreement shall be construed to require Contractor to indemnify Indemnitees against any responsibility or liability in contravention of Califomia Civil Code Section 2782.8. The Parties expressly agree that any reasonable payment, attomey's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's seif-administered workers' compensation is included as a loss, expense or cost for the purposes of this section. 7. I�surance. Contractor shail obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with perfiormance of the Services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A-:VII". 7.1 Coveras�es and Limits. Contractor, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Contractors indemn�cation obligations under this Agreement. 7.1.1 Commercial General Liabilitv Insurance. Contractor shall maintain occurrence based coverage with timits not less than $1,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the REV:01-26-15 Ml6 Page 2 of 6 ATtY/AGR.2015.016/Pushup Consulting Co