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disbursements,that arise out o�pertain to,or rclate to such Claims,whcther directly or indirectly ("Liabilit�'). Such obligations to defend,hold harmless and indemnify the City shall not appiy to the extent that such Liabi'lity is�caused by the sole negligence or willful misconduct of the City. With rresspect to third pazty claims against the Contractor,the Contractor waives any and all rights of any type of express or implied indemnity against the City. However, notwithstanding the foregoing, in accordance witb 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. Furthermore,notwithstanding the forgoing,to the extent this Agreement is a construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prolubited by California Civil Code Section 2782. Nothing herein contained in this Agreement shall be construed to require Contractor to indemnify City against any responsibility or liability in contravention of California Civil Cocle Section 2782.8. The Patties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers'compensation is included es a loss,expense or cost for the purposes of this section. It is expressly understood and agreed that Contractor shall not he deemed or held liable, obligated or accountable upon or under any guarantees or wacranties, express or implied, statutory, by operarion of the law, or otherwise, relative to the use of any tested equipment immediately after the date of inspection. Furthermore, Contractor will not be held liable, obligated or accountable for any equipment that fails during testing under specified conditions and pressures. 7. Insurance. Contractor shall obtain and maintain for the duration of the � Agreement and any and all ameadments, insurance against claims for injuries to persons or damage to property which may arise out of or in conncction with performance of the Scrvices by Contractor or Contractor's agents, repn�sentatives, employees or subcontractors. The inslu�ance carrier is required to maintain an A.M.Best rating of not less than"A-:VIl". 7.1 Coveraees and Limits. Con�actor, 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 liraitations or cap on Conh�actor's indemnification obligations under this Agreement. 7.1.1 Commercial General LiabilitY Insurance. Cantractor shall maintain occurrence based coverage with limits not less than$1,000,000 per occurrence. Tf the submitted policies contain aggrcgate limits, such limits will apply segarately w the Services, pmject, or location that is the subject of this Agreement or the Page 2 of 6 REV:02-25-16 AL ATTY/AGR.2016.031/FireCatt