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and all liabilities, penalties, costs, losses, damages, expenses, <br /> causes of action, claims or judgments, including attorney's fees and <br /> other defense costs, resulting from injury to or death sustained by <br /> any person (including Contractors or employees), or damage to <br /> property of any kind, or any other injury or damage whatsoever, <br /> which injury, death or damage arises out of or is in any way <br /> connected with the performance of the contract for construction of <br /> the Streetscape Improvements and Street Modifications and <br /> without regard to Contractor's negligence or fault, including any of <br /> the same resulting from City's or Agency's alleged or actual <br /> negligent act or omission or its agents, contractors or employees; <br /> except that said indemnity shall not be applicable to injury, death or <br /> damage to property arising from the sole or active negligence or <br /> willful misconduct of City of Redwood City, its Council, the <br /> Redevelopment Agency of the City of Redwood City, their boards, <br /> commissions, officers, employees and agents, other than <br /> Contractor, who are directly responsible to City. This <br /> indemnification shall extend to claims asserted after termination of <br /> this Contract for whatever reason. <br /> C. The duty of Developer to indemnify and save harmless, as set forth <br /> herein, shall include the duty to defend as set forth in Section 2778 of the California Civil <br /> Code; provided, however, that nothing herein contained shall be construed to require <br /> Developer and Developer's Contractor to indemnify City, its Council, the Agency, their <br /> boards, commissions, officers, employees and agents against any responsibility or <br /> liability in contravention of Section 2782 of the California Civil Code. <br /> 12. INSURANCE. <br /> A. Developer shall acquire and maintain Workers' Compensation, employer's <br /> liability, commercial general liability, owned and non-owned and hired automobile <br /> liability coverage relating to Developer's services to be perFormed hereunder in form <br /> subject to the approval of the City's Risk Manager. <br /> The minimum amounts of coverage shall be as follows: <br /> Insurance Cateqorv Minimum Limits <br /> Workers' Compensation statutory minimum <br /> Employer's Liability $1,000,000 per accident for bodily injury <br /> or disease <br /> 16 <br /> 840847v8 33786/0001 <br />