Agmt16 Pyro Spectaculars North, Inc.

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�, Indemr�ification. Gonsultant will defend, indemnify and hol�i harmless City, Pc��t af Redwood City, Portside Investars, anc! #heir officers, agents, empCayees and uQlunteers from and against afi claims, damages, Cosses and expenses i�ciuding attomey fees ar�sing out of the performance af the senric+�s, caused fn whofe or in part by the willful misconduct or any negligent act or omission of the Cansuitant, any subct�ntractar, anyon� directly or indirectiy emplayed by any af them or anyone far whose�cts�ny of them may be liab�[e, except where c�used by the active negligert�e �r wiltfuf misconduct of City reiating to those acts agreed to be perfam�ed by Gity in this Agreement. Thte Parties expressfy agree that any reasonable payment, attarney's f�e, cost ar expense Cify incurs or mai�es t+� or on behaif�f an injured empioyee under the City's self- administered workers' compens�tion is included as a i�ss, �xpense �r cost f�r the purposes c�f tF�is sectian. The parties expressly agree that this secti�n shall sunrive the expiratir�n ar early term'rnation a�the Agreement. 1�, Insur�nce. Consultartt shail obtain and maintain far the duration of the Agreement and ar�y and ap amendments, insurancc� against ciaims for injuries to persons vr damage to praperty which may arESe out of or in cannectian with perforrnance of the Servic�s by Cor�sultant ar �onsultant's agents, repres+�ntatives, emplayees c�r subcontractors. The insuranc;� carrier is required tc► ma'rntain an A.M. Best rating af not Isss than "A-: VII". 1�.1. Coveraqes and Limits. Consult�nt, at its sole expense, shaH maintain the types af caverages and minimum limits indicated below, unless otherwise approved !�y City in writing. These minimum amounts of coverage will not ca�stitute any limitations ar cap on Gonsuliar�t"s indemnificatian abligations under this Agreement. 10.1.1 Commercial General Liab�lifv tnsurance. Cansultant shall maintain +occurrence based coverage with limits not less than $5,QQQ,OQO combined single-limit p�r occurrence for badily injury, personal injury and praperty damage. If the submitted policies contain aggregate limits, such limits will apply separately to #he Senrices, proj�ct, ar EQCation that i� the su�ject of this Agreement or the aggregate wif[ be twice the required per occurrencs fimit. Ths Ccammercial General Liability insurance policy shall be endorsed tc� nam� tt�e Gity, Port of Redwoad City, Portside Investors, their officers, agents, emplayees and volunteers as a�dd�tional insureds, and to state that the insucance wi11 be primary and n�t contribu#e with any insurance or self-insurance maintained by the Gity. 10.1.2 Business Automobile Liabilitv Insurance. Consultant shalf maint�in coverage with limits not less th�n $1,t?OO,OOQ per each acciden� forc�wned, hired and non-owned automab�les. REV;a4-19-16 FF Page 9 of 13 ATTY/AGR.2016.tJ7$IPyrospectaculars Narth, Inc.