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<br />7.
<br />
<br />may perform the work necessary to effectuate such correction and recover the
<br />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
<br />and shall not reduce or limit the guarantee as provided by Contractor pursuant to
<br />this paragraph during the first year of the life of such guarantee.
<br />
<br />Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees, as well as Shapell
<br />Industries, Electronic Arts, Inc., and Hastings of Redwood Shores Home Owners
<br />Association of and from any and all claims, suits or actions of every name, kind
<br />and description which may be brought against City, its Council, officers, boards,
<br />commissions, agents, or employees by reason of any injury to or death of any
<br />person or damage suffered or sustained by any person or corporation, caused
<br />by, or alleged to have been caused by, any act or omission to act, negligent or
<br />otherwise, of Contractor, its officers, agents or employees in the performance of
<br />any work required of Contractor by this 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.
<br />
<br />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
<br />hired 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
<br />aforesaid categories of insurance per insurable event shall be as follows:
<br />
<br />Insurance Cateaorv
<br />Workers' Compensation
<br />
<br />Minimum Limits
<br />Statutory minimum.
<br />
<br />Employer's Liability
<br />
<br />$1,000,000.00 per accident for bodily injury or
<br />disease.
<br />
<br />Commercial General Liability
<br />
<br />$1,000,000.00 per occurrence, $2,000,000
<br />aggregate for bodily injury, personal injury and
<br />property damage.
<br />
<br />$2,000,000.00 per occurrence, (coverage
<br />required to the extent applicable to Contractor's
<br />vehicle usage in performing work hereunder).
<br />
<br />Any deductibles or self-insured retentions must be declared to, and approved by
<br />City. At the option of City either Contractor's insurer shall reduce or eliminate the
<br />deductibles or self-insured retentions with respect to City, its Council,
<br />commissions, boards, committees, officers, employees and agents or Contractor
<br />
<br />Automobile Liability
<br />
<br />AGREEMENT
<br />
<br />Page 5 of 7
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