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(c) Naming the City, its Council, officers, boards, commissions, employees,
<br /> and agents, as additional insureds; and
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<br /> (d) Providing that Contractor's insurance coverage shall be primary insurance
<br />
<br /> with respect to City, its Council, officers, boards, commissions,
<br /> employees, and agents, and any insurance or self-insurance maintained
<br /> by City for itself, its officers, boards, commissions, employees, or agents
<br /> shall be in excess of Contractor's insurance and not contributory with it.
<br />
<br /> Companies writing insurance for the Contractor shall be licensed to do business
<br />in the State of California or be permitted to do business under the Surplus Line Law of
<br />the State of California.
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<br /> 8. Hold Harmless. Contractor hereby agrees to defend, indemnify and save
<br />harmless City, its Council, boards, commissions, officers, employees and agents
<br />(collectively, "lndemnitees") from any and all claims, suits, actions, liabilities, loss,
<br />damages, expenses, costs (including, without limitation, costs and fees of litigation) of
<br />every kind, nature and description, which may be brought against or suffered or
<br />sustained by Indemnitees, or any of them, caused by, or alleged to have been caused
<br />by, the negligence, intentional act or omission, or willful misconduct of Contractor, its
<br />officers, employees, or agents in the performance of service or work hereunder.
<br />
<br /> The duty of Contractor 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 shall be construed to require Contractor to
<br />indemnify City, its Council, officers, boards, commissions, agents and employees
<br />
<br />Agmt-321
<br />DES:rg
<br />F/shared/shared/Redwood/Council
<br />02/07/00; 03/06/00
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