Agmt15 H2H Graphics & Design, Inc.

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kind, nature and description, including attorneys' fees, experts fees, court costs and disbursements, that arise out of,perta.in to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the Ciry shall not apply to the extent that such Liability is caused by the soie negligence or willful miscQnduct of the City. With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type of express or implied indemnity against the Indemnitees. However, notwithstanding the foregoing, in accordance with California Civil Code Se�tion 1668, nothing in this Agreement shall be conshued to exempt the City from its own fraud,willful injury to the person or property of another, or violation of law. Furthermore, notwithstanding the forgoing, ta the extent this Agreernent is a construction contract" as defined by California Civil Code section 2783, as may he amended from time to time, such duties of Contractor 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, attamey's fee, cast or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers'compensation is included as a loss, expense or cost for the purposes of this section. 7. Insurance. Contractor sha11 obtain and maintain for the duratian of the Agreement and any and all amendments, insurance against claims for injuries to persans or damage to property which may arise out of or in connection with performance of the Services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance cazrier is require�to maintain an A.M.Best rating of not less than"A-:VII". 7.1 Coverages and Limits. Contractor, at its sole expense, shatl 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 Contractor's indemnification obligations under this Agreement. 7.1.1 Commercial General Liability Insurance. Contractor shall maintain occurrence based coverage with limits not less than $500,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. Page 2 of 6 REV:07-10-15 MLG ATTY/AGR.2015.139/H2H Graphics and Design