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to time, such duties of Consultant to indemnify shall not apply when to do so would be <br />prohibited by California Civil Code Section 2782. <br />Nothing herein contained in this Agreement shall be construed to require Consultant to <br />indemnify Indemnitees against any responsibility or liability in contravention of California <br />Civil Code Section 2782.8. <br />The parties expressly agree that this section shall survive the expiration or early <br />termination of the Agreement. <br />11. Insurance. Consultant shall obtain and maintain for the duration of the Agreement <br />and any and all amendments, insurance against claims for injuries to persons or damage <br />to property which may arise out of or in connection with performance of the Services by <br />Consultant or Consultant's agents, representatives, employees or subcontractors. The <br />insurance carrier is required to maintain an A.M. Best rating of not less than "A -:VII". <br />11.1 Coveraoes and Limits. Consultant, at its sole expense, shall maintain the <br />types of coverages and minimum limits indicated below, unless otherwise <br />approved by City in writing. These minimum amounts of coverage will not <br />constitute any limitations or cap on Consultant's indemnification obligations under <br />this Agreement. <br />11.1.1 Commercial General Liabilitv Insurance. Consultant shall maintain <br />occurrence based coverage with limits not less than $2,000,000 per <br />occurrence. If the submitted policies contain aggregate limits, such limits <br />will apply separately to the Services, project, or location that is the subject <br />of this Agreement or the aggregate will be twice the required per occurrence <br />limit. The Commercial General Liability insurance policy shall be endorsed <br />to name the City, its officers, agents, employees and volunteers as <br />additional insureds, and to state that the insurance will be primary and not <br />contribute with any insurance or self-insurance maintained by the City. <br />11.1.2 Business Automobile Liabilitv Insurance. Consultant shall maintain <br />coverage with limits not less than $1,000,000 per each accident for owned, <br />hired and non -owned automobiles. <br />11.1.3 Workers' Compensation Insurance. Consultant shall maintain <br />coverage as required by the California Labor Code. The Workers' <br />Compensation policy shall contain an endorsement stating that the insurer <br />waives any right to subrogation against the City, its officers, agents, <br />employees and volunteers. <br />11. 1.4 Emplover's Liabilitv Insurance. Consultant shall maintain coverage <br />with limits not less than $1,000,000 per each accident for bodily injury or <br />disease. <br />ATTY/AGR/2017.110/SPINITAR—SHORES LIBRARY CAMERA SYSTEM <br />REV: 05-16-17 JS <br />Page 4 of 13 <br />