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<br />and agents, from and against any and all claims, suits, actions liability, loss, <br /> <br />damage, expense, cost (including, without limitation, costs and fees of litigation) <br /> <br />of every nature, kind or description, which may be brought against, or suffered or <br /> <br />sustained by, City, its Council, boards, commissions, officers, employees or <br /> <br />agents caused by, or alleged to have been caused by, the negligence, intentional <br /> <br />tortious act or omission, or willful misconduct of Consultant, its officers, <br /> <br />employees or agents in the performance of any services or work pursuant to this <br /> <br />Agreement. <br /> <br />The duty of Consultant to indemnify and save harmless, as set forth <br /> <br />herein, shall include the duty to defend as set forth in Section 2778 of the <br /> <br />California Civil Code; provided, however, that nothing herein contained shall be <br /> <br />construed to require Consultant to indemnify City, its Council, boards, <br /> <br />commissions, officers, employees and agents against any responsibility or <br /> <br />liability in contravention of Section 2782 of the California Civil Code. <br /> <br />12. INSURANCE. Consultant shall acquire and maintain Workers' <br /> <br />Compensation, employer's liability, commercial general liability, owned and non- <br /> <br />owned and hired automobile liability, and professional liability insurance <br /> <br />coverage relating to Consultant's services to be performed hereunder covering <br /> <br />City's risks in form subject to the approval of the City Attorney. The minimum <br /> <br />amounts of coverage corresponding to the aforesaid categories of insurance per <br /> <br />insurable event, shall be as follows: <br /> <br />Insurance CateQorv <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 />Agmt-218 <br />F :\shared\Redwood\Cou ncil <br />DES:djk <br />10104/00 <br /> <br />5 <br />