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<br />4. <br /> <br />HOLD HARMLESS <br /> <br />The Contractor shall indemnify and save harmless the City, its Council, and <br />their respective officer~ r boards, commissions, I.!gents and employees (collectively, <br />"Indemnities") from all clc"jms, suits or actions of l'~very name, kind and description, <br />brought for, or on account of, injuries to or death of any person, including Contractor, or <br />damage to property of any kind whatsoever and to whomsoever belonging, including <br />but not limited to, the concurrent passive negligence of the City, and their respective <br />officers, boards, commissions, agents, and employees, resulting from the performance <br />of any work required by this Agreement of Contractor, its officers, agents, employees <br />and/or servants, provided that this shall not apply to injuries or damage for which <br />Indemnities, or anyone of them have been found in a court of competent jurisdiction to <br />be solely liable by reason of its own negligence or willful misconduct. <br /> <br />The duty of the Contractor to indemnify and save harmless, as set forth herein, <br />shall include the duty to defend as set forth in Section 2778 of the California Civil Code. <br /> <br />5. <br /> <br />INSURANCE <br /> <br />Contractor shall acquire and maintain Workers Compensation, employer's <br />liability, comprehensive general liability, owned and non-owned and hired automobile <br />liability insurance coverage (if applicable as indicated below) relating to Contractor's <br />activities funded hereunder covering City's risks in a form subject to the approval of the <br />City Attorney. The minimum amounts of coverage corresponding to the aforesaid <br />categories of insurance per insurable event, shall be as follows: <br /> <br />Insurance Cateaorv <br />Workers Compensation <br /> <br />Minimum Limits <br />statutory minimum <br /> <br />Employer's Liability <br /> <br />$1,000,000 per accident <br />for bodily injury, personal <br />injury and property damage <br /> <br />Comprehensive General <br />Liability <br /> <br />$1,000,000 per occurrence <br />for bodily injury, personal <br />injury, and property damage <br /> <br />Automobile Liability <br />Property-Fire 1 <br /> <br />N/A <br /> <br />Replacement value of <br />the improvements <br /> <br />Concurrently with the execution of this Agreement, Contractor shall furnish City <br />with certificates and endorsement copies of information or declaration pages of the <br /> <br />] Property-Fire insurance policy shall become effective no later than the date of notice to proceed is given to the <br />general contractor for work covered under this agreement. <br /> <br />9/11/03 <br /> <br />3 <br /> <br />".----- ---"-r 'h <br /> <br />