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costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is caused by the sole negligence or willful misconduct of the City. In no circumstances shall either party be liable for any special, indirect, punitive, incidental, or consequential damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party has been advised of the possibility of such damages. contractor shall not be liable for: (a) error or interruption of use or for loss or inaccuracy or corruption of customer data arising from circumstances beyond its reasonable control; (b) cost of procurement of substitute goods, services or technology; (c) loss of business; or (d) for any other matter beyond contractor's reasonable control, even if contractor has been advised of the possibility of any of the foregoing losses or damages. Neither party may institute an action in any form arising out of nor in connection with this agreement more than two (2) years after the cause of action has arisen. The above limitations will not limit customer's payment obligations under this agreement With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type of express or implied indemnity against the Indemnitees. However, notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation oflaw. Furthermore, notwithstanding the forgoing, to the extent this Agreement is a construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. Nothing herein contained in this Agreement shall be construed to require Contractor to indemnify Indemnitees against any responsibility or liability in contravention of California Civil Code Section 2782.8. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section. 7. Insurance. Contractor shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A -:VII". 7.1 Coverages and Limits. Contractor, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. Page 2 of 7 ATTY/AGR/2019.171/GRANICUS, LLC REV: 07-19-19 RL