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<br />this Agreement applicable to Consultant's work unless specifically noted to the contrary
<br />in the subcontract and approved in writing by City/Agency.
<br />9. Other Consultants. City/Agency reserves the right to employ other consultants in
<br />connection with the Services.
<br />10. Indemnification. Consultant hereby agrees to defend, indemnify, and save
<br />harmless the City, Agency, their councils, boards, commissions, officers, employees
<br />and agents, from and against any and all claims, suits, actions liability, loss, damage,
<br />expense, cost (including, costs and fees of litigation) of every nature, kind or
<br />description, which may be brought against, or suffered or sustained by City, Agency,
<br />their councils, boards, commissions, officers, employees or agents to the extent such
<br />claims, suits, actions, liability, loss, damage, expense, cost (including costs and fees of
<br />litigation) of every nature, kind or description which may be brought against, or suffered
<br />or sustained by City, Agency, their councils, boards, commissions, officers, employees
<br />or agents are caused by the negligent act or omission, intentional tortious act or
<br />omission, or willful misconduct of Consultant, its officers, employees or agents in the
<br />performance of the Services.
<br /> The duty of Consultant to indemnify and save harmless, as set forth herein, shall
<br />include the duty to defend as set forth in Section 2778 of the California Civil Code;
<br />provided, however, that nothing herein contained shall be construed to require
<br />Consultant to indemnify City, Agency, their councils, boards, commissions, officers,
<br />employees and agents against any responsibility or liability in contravention of Section
<br />2782 of the California Civil Code.
<br /> 11. INSURANCE. Consultant shall acquire and maintain Workers'
<br />Compensation, employer's liability, commercial general liability, owned and non-owned
<br />and hired automobile liability, and professional liability insurance coverage relating to
<br />the Services covering City and/or Agency's risks in form subject to the approval of the
<br />City Attorney and Agency General Counsel. The minimum amounts of coverage
<br />corresponding to the aforesaid categories of insurance per insurable event shall be as
<br />follows:
<br /> Insurance Cateqorv Minimum Limits
<br /> Workers' Compensation statutory minimum
<br /> Employer's Liability $1,000,000 per accident
<br /> for bodily injury or disease
<br /> Commercial General $1,000,000 per occurrence
<br /> Li ab ility and $2,000,000 aggregate for
<br /> Bodily injury, personal injury and
<br /> property damage.
<br />Atty/Agr/Agr.183 3
<br />042004
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