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<br />6.//\/-3 <br /> <br />Exhibit One - Summary of proposed changes in terms and conditions <br />August 22, 2005 <br /> <br />11. Indemnification. Bay Span will defend, aQrees to indemnify and hold <br />harmless City and its officers, agents, employees and volunteers harmless from <br />and against all claims, damages, losses and expenses including reasonable <br />attorney fees accruina or resultina to any and all persons, firms or other <br />leQal entity on account of any injury damaQe or losses to persons or <br />property arising out of Bav Span's performance or non-performance of <br />obliQations under this aQreement to the extent Bav Span is found liable for <br />such damaaes. tho performance of the tempor:JI)' labor, cauGed in whole or in <br />part by the willful misconduct or any negligent :Jct or omission of B:JY Span, any <br />subcontr:Jctor, :Jnyone directly or indirectly employed by :Jny of them or :Jnyone <br />for whoso acts any of them m:JY be liable, except 'Nhero caused by the active <br />negligence, sole negligence, or willful misconduct of City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City incurs or makes to or on behalf of an injured employee under the <br />City's self-administered workers' compensation is included as a loss, expense or <br />cost for the purposes of this section, and that this section will survive the <br />expiration or early termination of the Agreement. <br /> <br />City acknowledQes and aQrees that Bav Span will not be responsible for <br />and will have no control over the Qeneral safety or other conditions under <br />which personnel placed bv Bav Span will be workinQ at City's premises. <br />Not withstandina, Bav Span maintains coveraQe of the workers <br />compensation insurance for their employees. <br /> <br />12. Insurance. Bay Span will obtain and maintain for the duration of the <br />Agreement and any and all amendments, insurance against claims for injuries to <br />persons or damage to property which may arise out of or in connection with <br />performance under this Agreement by Bay Span or Bay Span's agents, <br />representatives, employees or subcontractors. The insurance will be obtained <br />from an insurance carrier admitted and authorized to do business in the State of <br />California. The insurance carrier is required to have a current Best's Key Rating <br />of not less than "A-:V." <br /> <br />12.1 Coveraqes and Limits. Bay Span will maintain the types of <br />coverages and minimum limits indicated below, unless Risk Manager or <br />City Manager, in consultation with the City Attorney approves a lower <br />amount. These minimum amounts of coverage will not constitute any <br />limitations or cap on Bay Span's indemnification obligations under this <br />Agreement. City, its officers, agents, volunteers and employees make no <br />representation that the limits of the insurance specified to be carried by <br />Bay Span pursuant to this Agreement are adequate to protect Bay Span. <br />If Bay Span believes that any required insurance coverage is inadequate, <br />