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<br />indemnify, and hold harmless the above parties for any liability from and against claims and <br /> <br />liability based upon the use of any patent or patented article by Owner in the construction of <br /> <br />said work or Improvements. Owner's duty to defend and hold harmless shall include the <br /> <br />responsibility to provide legal representation, the selection of whom shall be subject to City's <br /> <br />approval. <br /> <br />4. Insurance. Owner shall, upon execution of this Agreement by Owner, obtain, and <br /> <br />maintain in full force and effect during the term of this Agreement, at Owner's own expense and <br /> <br />risk, a general comprehensive liability insurance policy, and further, shall furnish evidence of <br /> <br />such insurance by filing copies of the declaration page or information page and a certificate of <br /> <br />insurance with the City Clerk, which copies shall be accompanied by such endorsements as <br /> <br />may be necessary to show compliance with all of the requirements of this paragraph. Such <br /> <br />insurance shall name the City of Redwood City, its Council, boards, commissions, officers, <br /> <br />agents, and employees as insureds or additional insureds and shall indemnify City and said <br /> <br />persons against liability for loss or damage for personal injury, including death and property <br /> <br />damage occasioned by the operations of Owner or Owner's contractors or subcontractors <br /> <br />under the terms of this Agreement, and shall be in the minimum limits of $1,000,000 for <br /> <br />personal injuries to, or death of, anyone person, $1,000,000 for personal injury or death arising <br /> <br />out of anyone occurrence, and property damage limits of not less than $1,000,000 arising out <br /> <br />of anyone occurrence. The policies mentioned herein shall contain a provision that City shall <br /> <br />receive an unconditional notice in writing thirty (30) days in advance of an insurer's intention to <br /> <br />cancel or materially to change the terms of said policies given to City. If such insurance covers <br /> <br />Owner, other entity, or person(s) in addition to the City of Redwood City, such policy shall <br /> <br />contain the standard form of cross liability or severability of interest endorsement. Such <br /> <br />Agmt-447 <br />F:\sh\sh\Redwood\Council <br />FXS:djk <br />02/13/01 <br /> <br />4 <br />