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6.1.B. - Page 5
<br />acceptable to City, indemnify, Arid holy} City, its offiem, employees, agents, and volunteers,
<br />harmless from and against any and all claims that arise out of, pertain to, or relate to the
<br />negligence, recklessness. or willful misconduct of the Contraemr, qubcontmctor, or anyone
<br />directly or indirectly employed by any of them or anyone for whose acts any of therm may be
<br />liable (" lairne). Contractor will bear all lasses, costs, damages, expense and liability of every
<br />kind, nature and description. including attorneys' fees, experts fees, court costs and
<br />disbursements, that arise our of, permin to, or relate to such Claim S, whether directly or indirectly
<br />C Liability"). Such obligations to defend, Mold harrnless and indemnify the City shall not apply
<br />to the extent that such Liability is caused by the sole negligence or willful misconduct of the
<br />City -
<br />With respect to third party clairns against the Contractor, the Contractor waives any and
<br />all rights of any type of express or implied indemnity against the Indemnitees,
<br />However, notwithstanding the foregoing, in accordance with California Civil Code
<br />Section 1668, nothing in this Agreement shall be construed to exempt the City from its own
<br />fraud, w iIIful injury to the person or property of an other, or violation of law -
<br />Furthermore, notwithstanding the forgoing, to the extent this Agreement is a construction
<br />contract" as defined by California Civil Code section 2783, as may be amended from time to
<br />time, such duties of Contractor to indenmif shall not apply when to do so would be prohibited
<br />by California Civil Code Section 2782.
<br />Nothing herein contained in this Agreement shall be construed to require Comtractor to
<br />indemnify Indemnitees against any responsibility or liability in contravention of California Civil
<br />Code Section 2782.8,
<br />The Parties expressly agree that any reasonable payrnenta attorney's fee, cost of expense
<br />City incurs or makes to or on behalf of an injured employee under the Cites self-administered
<br />workers' compensation is included ass lass, expense or cost for the purposes of this section -
<br />7. Insurance. Contractor shall obtain and maintain for tate duration of the
<br />Agreernent and any and all amendments, insurance against claims for injuries to persons or
<br />damage to property which may arise out of or in connection with performance of the Services b
<br />Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance
<br />cagier is required to maintain an AM . Best rating of not less than "A -:SII".
<br />7.1 Coveraves and Limits. Contractor, at its sole expense, shall maintain the types of
<br />coverages and minirnurn limits indicated below, unless otherwise approved by City in
<br />writing. These minimum amounts of coverage will not constitute any limitations or cap
<br />on Contractor's inderrmification obligations under this Agreement.
<br />REV; 09-25-17 M1
<br />7.1.1 Commercial General Liability insurance. Contractor shill maintain
<br />occurrence based coverage with limits not less than 52,000,000 per occurrence. If
<br />the subrnitted policies contain aggregate limits, such limits will apply separately
<br />to the Serviees, project, or location that is the subject of this Agreement or the
<br />aggregate will be twice the required per occurrence limit- The Commercial
<br />Page 2 of 12
<br />ATMA R.2017.=A€pha ArnalocaI Laboratories - Laboratory Sefvices
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