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payment of subcontractors. Contractor will bind every subcontractor and every <br />subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's <br />work unless specifically noted to the contrary in the subcontract and approved in writing <br />by City. <br />15. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and <br />save harmless City, its Council, officers, boards, commissions, agents and employees <br />(collectively, "Indemnitees") against and from any and all claims, suits or actions of every <br />name, kind and description, which may be brought against Indemnitees, or any of them, <br />by reason of any injury to, or death of, any person (including corporations, partnerships <br />and association) or damage suffered or sustained by any such person or property <br />damage (including loss of use thereof) arising from, or alleged to have arisen from, any <br />act or omission to act, negligent or otherwise, of Contractor, its officers, agents or <br />employees under this Agreement, provided that Contractor shall not be responsible to <br />indemnify the Indemnities for claims, damages, or losses arising from the gross <br />negligence or willful misconduct of Indemnitees. <br />The duty of Contractorto defend, indemnify and save harmless, as set forth herein, <br />will include the duty to defend as set forth in Section 2778 of the California Civil Code; <br />provided, however, that nothing herein will be construed to require Contractor to <br />indemnify Indemnitees against any responsibility or liability in contravention of Section <br />2782 of the California Civil Code. This Section 15 shall survive the termination of this <br />Agreement. <br />16. INSURANCE. Contractor will acquire and maintain Workers <br />Compensation, employer's liability, comprehensive general liability, hired and non -owned <br />ATTY/AGR/2018.027/MID PEN MOSIAC GARDENTS (ATHERTON COURT) <br />REV: 02-06-181S <br />Page 12 of 41 <br />