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<br />description, which may be brought against, or suffered or sustained by, City, its <br /> <br />Council, boards, commissions, officers, employees or agents caused by, or alleged to <br /> <br />have been caused by, the negligence, intentional tortious act or omission, or willful <br /> <br />misconduct of Consultant, its officers, employees or agents in the performance of any <br /> <br />services or work pursuant to this Agreement. <br /> <br />The duty of Consultant to indemnify and save harmless, as set forth herein, shall <br /> <br />include the duty to defend as set forth in Section 2778 of the California Civil Code; <br /> <br />provided, however, that nothing herein contained shall be construed to require <br /> <br />Consultant to indemnify City, its Council, boards, commissions, officers, employees <br /> <br />and agents against any responsibility or liability in contravention of Section 2782 of the <br /> <br />California Civil Code. <br /> <br />12. <br /> <br />INSURANCE. <br /> <br />Consultant <br /> <br />shall <br /> <br />acquire <br /> <br />and <br /> <br />maintain <br /> <br />Workers' <br /> <br />Compensation, employer's liability, commercial general liability, owned and non-owned <br /> <br />and hired automobile liability, and professional liability insurance coverage relating to <br /> <br />Consultant's services to be performed hereunder covering City's risks in form subject to <br /> <br />the approval of the City Attorney. The minimum amounts of coverage corresponding to <br /> <br />the aforesaid categories of insurance per insurable event, shall be as follows: <br /> <br />Insurance Cateaorv <br /> <br />Minimum Limits <br /> <br />Workers' Compensation <br /> <br />statutory minimum. <br /> <br />Employer's Liability <br /> <br />$1,000,000 per accident <br />for bodily injury or disease. <br /> <br />Commercial General <br />Liability <br /> <br />$1,000,000 per occurrence <br />and $2,000,000 aggregate for <br />bodily injury, personal injury and <br />property damage. <br /> <br />Agmt-419 <br />F :\shared\R edwood\Counci I <br />FXS:djk <br />11/06/00 <br /> <br />5 <br />