Agmt07 City of Saratoga (COS) - Laserfiche WebLink

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and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither Party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the Parties. If a mediated settlement is reached, neither Party shall be deemed the prevailing party for purposes of the settlement, and each Party shall bear its own legal costs. 12. Entire Agreement. This Agreement, including Exhibit A, comprises the entire Agreement. 13. Indemnity. RWC shall defend, indemnify and hold cas and its officers and employees harmless from any and all claims and liabilities related to or as a result of RWC's performance of this Agreement, to the extent they are caused by RWC's negligent acts, or willful wrongful acts. 14. Insurance. RWC shall not commence work under this Agreement until all insurance required under this paragraph has been obtained. Upon request, RWC shall furnish cas with certificates of insurance evidencing the required coverage. a. Workers' Compensation and Employers' Liability Insurance. RWC shall have in effect during the entire life of this Agreement Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, RWC makes the following certification, required by Section 1861 of the California Labor Code: I am aware of the provisions of Section 37900 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. b. Liability Insurance. RWC shall take out and maintain during the life of this Agreement such bodily injury liability and property damage liability insurance as shall protect RWC while performing work 3