Agmt15 Fung Collaboratives - "Harmabee"

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omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of City. The Parties expressly agree that any reasonable payment, attorney's fee, costs 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, and that this section will survive the expiration or early termination of the Agreement. The City agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless against all losses, claims, suits, actions, demands, liabilities, fines (civil or criminal) damages, and/or expenses (including, without limitation, legal fees and court costs), at law or in equity, which may be imposed upon or incurred by or asserted against Consultant, in whole or in part, by any act or omission of the City during the course of performance of this Agreement or arising from any breach of this Agreement by the City; or any injury or damage to Consultant caused by the City under the terms of this Agreement. 6. Insurance. Consultant shall 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 performance of the Services by Consultant or Consultant's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A-: VII". 6.1 Coveraqes and Limits. Consultant, 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 ConsultanYs indemnification obligations under this Agreement. 6.1.1 Commercial General Liabilitv Insurance. Consultant shall maintain occurrence based coverage with limits not less than $200,000 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. 6.1.2 Workers' Compensation Insurance. Consultant shall maintain coverage as required by the California Labor Code. The Workers' Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees and volunteers. REV:08-28-15 MLG ATTY/AGR.2015.180/FUND COLLABORATIVES Page 2 of 27