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deduct and retain from the Contract Sum the amount so paid, or require Contractor to reimburse
<br />City.
<br />1.08 Nothing herein shall be construed as limiting in any way the extent to which Contractor or any
<br />Subcontractor may be held responsible for payment of damages resulting from their operations.
<br />1.09 Except for Comprehensive General Liability Insurance, of which Subcontractors need only obtain
<br />$1,000,000 in coverage, all Subcontractors shall maintain the same insurance required to be
<br />maintained by Contractor with respect to their portions of the Work unless otherwise indicated in
<br />Contract Documents, and Contractor shall cause the Subcontractors to furnish proof thereof to
<br />City within ten Days of City's request.
<br />ARTICLE 2 INDEMNIFICATION
<br />2.01 City and each of its officers, employees, consultants and agents including, without limitation, the
<br />City Council, Project Manager and each City Representative, shall not be liable or accountable
<br />in any manner for loss or damage that may happen to any part of the Work; loss or damage to
<br />materials or other things used or employed in performing the Work; injury, sickness, disease, or
<br />death of any person; or damage to property resulting from any cause whatsoever except their
<br />sole negligence, willful misconduct or active negligence, attributable to performance or character
<br />of the Work, and Contractor releases all of the foregoing persons and entities from any and all
<br />such claims.
<br />2.02 To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782),
<br />Contractor shall defend, indemnify, and hold harmless, City and each of its officers, employees,
<br />consultants and agents including, without limitation, the City Council, Project Manager and each
<br />City Representative, from claims, suits, actions, losses and liability of every kind, nature and
<br />description including, without limitation, claims and fines of regulatory agencies and attorney's
<br />fees and consultant's fees, directly or indirectly arising out of, connected with, or resulting from
<br />performance of the Work, failure to perform the Work, or condition of the Work that is caused in
<br />whole or part by any act or omission of Contractor, Subcontractors, anyone directly or indirectly
<br />employed by any of them, or anyone for whose acts any of them may be liable, resulting from any
<br />cause whatsoever except their sole negligence, willful misconduct, or active negligence.
<br />2.03 With respect to third -party claims against Contractor, Contractor waives any and all rights to any
<br />type of express or implied indemnity including, without limitation, costs of defense, against City
<br />and each of its officers, employees, consultants and agents including, without limitation, City, the
<br />Board, Project Manager and each City's Representative. City shall provide timely notice to
<br />Contractor of any third -party claim relating to the Contract Documents, in accordance with Public
<br />Contract Code Section 9201.
<br />2.04 Approval or purchase of any insurance contracts or policies shall in no way relieve from liability
<br />nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of
<br />them. The Contractor's defense and indemnification obligations are undertaken in addition to, and
<br />shall not in any way be limited by, the insurance obligations contained herein.
<br />2.05 To the furthest extent permitted by law (including, without limitation, Civil Code §2782), the
<br />indemnities, releases of liability and limitations of liability, claims procedures, and limitations of
<br />remedy expressed throughout Contract Documents shall apply even in the event of breach of
<br />Contract, negligence (active or passive), fault or strict liability of the party(ies) indemnified,
<br />released, or limited in liability, and shall survive the termination, rescission, breach,
<br />abandonment, or completion of the Work or the terms of the Contract Documents. If Contractor
<br />fails to perform any of these defense or indemnity obligations, City may in its discretion back
<br />charge Contractor for City's costs and damages resulting therefrom and withhold such sums from
<br />progress payments or other Contract moneys which may become due.
<br />2.06 Contractor's obligations to defend and indemnify City shall survive the termination or completion
<br />of this Contract for the full period of time allowed by law.
<br />END OF DOCUMENT
<br />ATTY/DOCS-AGREEMENTS/CONSTRUCTION AGREEMENTS/SUPPLEMENTARY CONDITIONS—INSURANCE AND INDEMNIFICATION
<br />REV: 06-11-19 PR
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