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<br />Contractor, after SUl"l notice, fails to proceed promptly to CUI nply with the terms of
<br />this guarantee, City may perform the work necessary to effectuate such correction
<br />and recover the cost thereof from Contractor or his sureties.
<br />
<br />Any and all other special guarantees which may be applicable to definite parts of
<br />the work under this Agreement shall be considered as an additional guarantee and
<br />shall not reduce or limit the guarantee as provided by Contractor pursuant to this
<br />paragraph during the first year of the life of such guarantee.
<br />
<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees of and from any and all
<br />claims, suits or actions of every name, kind and description which may be brought
<br />against City, its Council, officers, boards, commissions, agents, or employees by
<br />reason of any injury to or death of any person or damage suffered or sustained by
<br />any person or corporation, caused by, or alleged to have been caused by, any act
<br />or omission to act, negligent or otherwise, of Contractor, its officers, agents or
<br />employees in the performance of any work required of Contractor by this
<br />Agreement.
<br />
<br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall
<br />include a duty to defend as set forth in Section 2778 of the California Civil Code;
<br />provided, however, that nothing herein shall be construed to require Contractor to
<br />indemnify City, its Council, officers, boards, commissions, agents and employees
<br />against any responsibility or liability in contravention of Section 2782 of the
<br />California Civil Code.
<br />
<br />8. Contractor, at its sole cost and expense, shall acquire and maintain in full force
<br />and effect throughout the term of this Agreement Workers' Compensation,
<br />employer's liability, commercial general liability, and owned, non-owned and hired
<br />automobile liability insurance coverage relating to Contractor's Work to be
<br />performed hereunder covering City's risks in form subject to the approval of the
<br />City Attorney. The minimum amounts of coverage corresponding to the aforesaid
<br />categories of insurance per insurable event shall be as follows:
<br />
<br />Insurance Categorv
<br />Workers' Compensation
<br />
<br />Minimum Limits
<br />Statutory minimum.
<br />
<br />Employer's Liability
<br />
<br />$1,000,000.00 per accident for
<br />bodily injury or disease.
<br />
<br />Commercial General Liability
<br />
<br />$1,000,000.00 per occurrence,
<br />$2,000,000.00 aggregate for
<br />bodily injury, personal injury and
<br />property damage.
<br />
<br />Automobile Liability
<br />
<br />$1,000,000.00 per accident,
<br />$2,000,000.00 aggregate for
<br />bodily injury and property
<br />damage (coverage required to the
<br />extent applicable to Contractor's
<br />vehicle usage in performing work
<br />hereunder).
<br />
<br />Agmt-397
<br />FXS:djk
<br />F: SharedlRedwoodlCouncil
<br />08/29/00
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