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retain any equipment at its sole discretion. This subsection 9.2.2 shall not limit or reduce Contractor's indemnification obligations under Section 9.2.1 above. 9.2.3 Exclusions. Notwithstanding the terms of this Section 9.2, Contractor will have no liability for any infringement or misappropriation claim of any kind to the extent that it results from: (a) modifications to the Software made by a party other than Contractor; (b) the combination, operation or use of the Software with equipment, devices, software or data not supplied or approved by Contractor under this Agreement; (c) City's failure to use updated or modified Software provided by Contractor, if Contractor has given written notice to City that such modified Software is being provided to avoid such a claim; or (d) City's use of the Software other than in accordance with this Agreement or the Documentation. 9.2.4 Sole Remedv. THE PROVISIONS OF THIS SECTION 9.2 SET FORTH CONTRACTOR'S SOLE AND EXCLUSIVE OBLIGATIONS, AND CITY'S SOLE AND EXCLUSNE REMEDIES, WITH RESPECT TO INFRINGEMENT CLAIMS OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS CLAIMS COVERED BY THIS SECTION 9.2. 9.3 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 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 prohibited by California Civil Code Section 2782. 9.4 Nothing herein contained in this Agreement shall be construed to require Contractor to indemnify Indemnitees against any responsibility or liability in contravention of California Civil Code Section 2782.8. 9.5 The Parties 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 as a loss, expense or cost for the purposes of this section. 9.6 The Parties expressly agree that this Section 9 shall survive the expiration or termination of this Agreement. 10. Insurance. Contractor 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 Page 6 of 24 ATTY/AGR/2016.082/VIMOC TECHNOLOGIES INC REV:04-22-16 JS