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amended; or <br />(D) any other loss or cost, including but not limited to that caused by <br />the concurrent active or passive negligence of the City of Redwood <br />City, it's City Council, Commissions, Committees, Boards, officers, <br />employees, volunteers and agents. However, Contractor's duty to <br />indemnify and save harmless under this Section shall not apply to <br />injuries or damage for which City has been found in a court of <br />competent jurisdiction to be solely liable by reason of its own <br />negligence or willful misconduct. <br />The duty of Contractor to indemnify and save harmless as set forth by this Section shall include <br />the duty to defend as set forth in Section 2778 of the California Civil Code. <br />8. ASSIGNABILITY AND SUBCONTRACTING <br />Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with <br />a third party to provide services required by Contractor under this Agreement without the prior <br />written consent of City. Any such assignment or subcontract without City's prior written consent <br />shall give City the right to automatically and immediately terminate this Agreement without <br />penalty or advance notice. <br />9. BUSINESS LICENSE. <br />The Contractor must obtain a City business license, unless the Contractor qualifies for an <br />exemption. <br />10. INSURANCE <br />a. General Requirements <br />Contractor shall not commence work or be required to commence work under this Agreement <br />unless and until all insurance required under this Section has been obtained and such insurance <br />has been approved by City, and Contractor shall use diligence to obtain such insurance and to <br />obtain such approval. Contractor shall furnish City with certificates of insurance evidencing the <br />required coverage, and there shall be a specific contractual liability endorsement extending <br />Contractor's coverage to include the contractual liability assumed by Contractor pursuant to this <br />Agreement. Insurance is to be placed with insurers authorized to conduct business in the state <br />witb a current A.M. Best's rating of no less than A:VII. <br />b. Workers' Compensation and Employer's Liability Insurance <br />Page 3 of 8 <br />REV: 06-03-19 MI <br />ATTY/AGR.2019.168/Blanc Background Investigations <br />