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6.1.G. - Page 7
<br />negligence, reeklessn.egs5 or WHIN misconduct- of the Contractor, subcontractor, or Anyone
<br />directly or mi directly employe& by any of them or anyone for whose acts any of them may be
<br />liable ("Claiws")� Contractor will..bear all losses, costs, damages., cape m.e.an liability ofevery
<br />kind, nature and description, including attorneys' fees, experts fees, court costs and
<br />I
<br />disbursements, that mise out of, pertain to:, or relate to such Claims, whether directly or indirectly
<br />CUab tit '), S.0 I e
<br />.. i Y., ph obligations defend, hold harmless and indemnify the City shall not apply
<br />to: the extent: Owt such Liability is caused by the :sole negligence: orw'llful misconduct: onduct of the
<br />City..
<br />..
<br />With,respect to third party claims against the- Contractor,. the Contractor waives any and
<br />all rights of any type of expre§s or implied indemnity against the Indvinnitces,.
<br />However, notwithstanding the foregoing, in accordance with California Civil Code
<br />Sectiot, 1668i nothing in this.Agreoment shall .be construed to exempt the City from its own
<br />fraud. willful illiu.ryto the person or property of another, or violation of law,
<br />FWthermorc'notwithstanding the forgoing, to the extent this Agreement is a construction
<br />contract"'as defined by California.CIV-11 Code section 2383,sas may be amended from time to.
<br />time, :such duties of Cont ctor to indemnify. shall not apply when to do. so: would. be prohibited.
<br />'by Cghfornia Civil C ode Section 2782.
<br />Nothing. herein contained in this .Agreement shall be construed to, reqpire- Contractor to
<br />in&innify Indemnitees, againt any responsibility or liabilityin contravention of California.Civii
<br />Code .S.ection 27818.
<br />The Parties expressly agree that any reasonable payment, uttomey's feoz cost or expense
<br />city incum oT makes to or on behalf of an in'Jured employee under the City's self-administeTed
<br />workers' :compensation :is 1.11oludod'as a Joss, expense or cost for the purposes of this sootion,
<br />7. Insurance, Contractor shall obtain and maintain for th.o. duration :of the
<br />Agreement and any and all amendmdnts, insurance against claims for injuries to persons or
<br />damage to property which may arise out of or in connection with performance of the Services by
<br />Contractor or Contractor & agents, representatives, employees or subcontwors. The insurance
<br />carver is: required winaintain an A.M. Best rating cif not: less than "A- VII"
<br />7.1 Coverages. and limits.. Contractor, at its: sale expense;..shall maintain the types of
<br />coverages and niiaimurn limits indicated below, unless' otherwise approved by City in
<br />writing. These minimum amounts of coverage will notconstitute. any limitations or 7cap
<br />on Conductor's indemnification obligations under this.Agreement.
<br />TLI Commerciial General friability Insuraiftee. Contractor shall maintain
<br />occuirencei bued coverage with limits. not less than $2,000,00.0. per occurrence.. If
<br />the submitted policies contain: aggregate limits, such limits will apply separately
<br />to the Servioes,lect, or to -cation that is the subject of tl& Agreement or the
<br />PrOi
<br />aggregate will be: twice the required per occurrence. limit. The Corrin tial
<br />General Liability insurance policy, shalt be endorsed to name the: City, its offloets,
<br />agents, employees and volunteers as additional insureds, and to state. that the
<br />RM OM9-19 MI
<br />Page 2 of.7
<br />.ATTY[AGR.201 8, 1 59/Lockwork.s.U.nJJmhe.dJno;
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