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<br />4. <br /> <br />HOLD HARMLESS <br /> <br />The Contractor shall indemnify and save harmless the Agency, its Board, the <br />City, its Council, and their respective officers, boards, commissions, agents and <br />employees (collectively, "Indemnities") from all claims, suits or actions of every name, <br />kind and description, brought for, or on account of, injuries to or death of any person, <br />including Contractor, or damage to property of any kind whatsoever and to whomsoever <br />belonging, including but not limited to, the concurrent passive negligence of the City, its <br />Council, and their respective officers, boards, commissions, agents, and employees, <br />resulting from the performance of any work required by this Agreement of Contractor, its <br />officers, agents, employees and/or servants, provided that this shall not apply to injuries <br />or damage for which Indemnities, or anyone of them have been found in a court of <br />competent jurisdiction to be solely liable by reason of its own negligence or willful <br />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 liability, <br />comprehensive general liability, owned and non-owned and hired automobile liability <br />insurance coverage (if applicable as indicated below) relating to Contractor's activities <br />funded hereunder covering City's risks in form subject to the approval of the City <br />Attorney. The minimum amounts of coverage corresponding to the aforesaid categories <br />of insurance per insurable event, shall be as follows: <br /> <br />Insurance Cate2orv <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 /> <br />N/A <br /> <br />Property-Fire] <br /> <br />Replacement value of <br /> <br />1 Property-Fire insurance policy shall become effective no later than the date of notice <br />to proceed is given to the general contractor for work covered under this agreement. <br /> <br />12/17/01 <br /> <br />- 3 - <br />