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4135 ARTICLE 13
<br />4136 INDEMNITY, INSURANCE, BOND, GUARANTY
<br />4137 13.01 INDEMNIFICATION
<br />4138 Contractor shall indemnify, defend, and hold harmless Agency, its officers, employees
<br />4139 and agents (collectively, the "Indemnitees"), from and against (i) any and all liability,
<br />4140 penalty, claim, demand, action, proceeding, or suit, of any and every kind and
<br />4141 description, whether judicial, quasi-judicial, or administrative in nature, (ii) any and all
<br />4142 loss including, but not limited to, injury to and death of any person and damage to
<br />4143 property, and (iii) contribution or indemnity demanded by third parties (collectively, the
<br />4144 "Claims"), arising out of or occasioned in any way by, directly or indirectly, Contractor's
<br />4145 performance of, or its failure to perform, its obligations under this Agreement. The
<br />4146 foregoing indemnity shall not apply to the extent that a Claim is caused solely by the
<br />4147 active negligence or intentional misconduct of the Indemnitees, but shall apply if the
<br />4148 Claim is caused by the joint negligence of Contractor and other Persons, including an
<br />4149 Indemnitee. Upon the occurrence of any Claim, Contractor shall defend (with attorneys
<br />4150 reasonably acceptable to Agency) the Indemnitees. Contractor's duty to defend and
<br />4151 indemnify shall survive the expiration or earlier termination of this Agreement.
<br />4152 13.02 INSURANCE
<br />4153 A. Tvoes and Amounts of Coverage. Contractor shall procure from an insurance
<br />4154 company or companies admitted or authorized to do business in the State of
<br />4155 California, and shall maintain in force at all times during the Term, the following
<br />4156 types and amounts of insurance:
<br />4157 1. Workers' Comoens.9tion and EmDlover's Liabilitv. Contractor shall maintain
<br />4158 workers' compensation insurance covering its employees in statutory amounts
<br />4159 and otherwise in compliance with the laws of the State of California. Contractor
<br />4160 shall maintain employer's liability insurance in an amount not less than one
<br />4161 million dollars ($1,000,000) per accident or disease. Contractor shall not be
<br />4162 obligated to carry workers compensation insurance if (i) it qualifies under
<br />4163 California law and continuously complies with all statutory obligations to self -
<br />4164 insure against such risks; (ii) furnishes a certificate of Permission to Self Insure
<br />4165 issued by the Department of Industrial Relations; and (iii) furnishes updated
<br />4166 certificates of Permission to Self Insure periodically to evidence continuous self
<br />4167 insurance.
<br />4168 2. Comprehensive General Liabilitv. Contractor shall maintain comprehensive
<br />4169 general liability insurance with a combined single limit of not less than ten million
<br />4170 dollars ($10,000,000) per occurrence covering all claims and all legal liability for
<br />4171 personal injury, bodily injury, death, and property damage, including the loss of
<br />4172 use thereof, arising out of, or occasioned in any way by, directly or indirectly,
<br />4173 Contractor's performance of, or its failure to perform, services under this
<br />4174 Agreement.
<br />4175 The insurance required by this subsection shall include:
<br />4176 (i) Premises Operations (including use of owned and non -owned
<br />4177 equipment);
<br />REV: 03-16-18 MI
<br />Page 102 of 126
<br />ATTY/AGR.2018.054/Reoology of San Mateo
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