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<br />venture or other relationship is established by this Agreement. The intent of City <br />and Contractor is to create an independent contractor relationship. <br /> <br />4. <br /> <br />HOLD HARMLESS <br /> <br />The Contractor shall indemnify and save harmless the City, its Council, <br />and its officers, boards, commissions, agents and employees (collectively, <br />"Indemnities") from all claims, suits or actions of every name, kind and <br />description, brought for, or on account of, injuries to or death of any person, <br />including Contractor, or damage to property of any kind whatsoever and to <br />whomsoever belonging, including but not limited to, the concurrent passive <br />negligence of the City, its Council, and its officers, boards, commissions, agents, <br />and employees, resulting from the performance of any work required by this <br />Agreement of Contractor, its officers, agents, employees and/or servants, <br />provided that this shall not apply to injuries or damage for which Indemnities, or <br />anyone of them have been found in a court of competent jurisdiction to be solely <br />liable by reason of its own negligence or willful misconduct. <br /> <br />The duty of the Contractor to indemnify and save harmless, as set forth <br />herein, shall include the duty to defend as set forth in Section 2778 of the <br />California Civil Code. <br /> <br />5. <br /> <br />INSURANCE <br /> <br />Contractor shall acquire and maintain Workers Compensation, employer's <br />liability, comprehensive general liability, owned and non-owned and hired <br />automobile liability insurance coverage (if applicable as indicated below) relating <br />to Contractor's activities funded hereunder covering City's risks in form subject to <br />the approval of the City Attorney. The minimum amounts of coverage <br />corresponding to the aforesaid categories of insurance per insurable event, shall <br />be as follows: <br /> <br />Insurance Cateaorv <br />Workers Compensation <br /> <br />Minimum Limits <br />statutory minimum <br /> <br />Employer's Liability <br /> <br />$1,000,000 per accident <br />for bodily injury, personal <br />injury and property damage <br /> <br />Comprehensive General <br />Liability <br /> <br />$1,000,000 per occurrence <br />for bodily injury, personal <br />injury, and property damage <br /> <br />1:2006 STAFF REPORTS/04-2006/ACTION PLAN ADOPT/Cedar St Acquisition <br /> <br />3 <br /> <br />. c" co.. ........--..co... ....-.--.....--.............--...---..,---------..,.-.----........ <br />