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<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council, officers, boards,
<br />commissions, agents and employees of and from any and all claims, suits or actions of every name,
<br />kind and description which may be brought against City, its Council, officers, boards, commissions,
<br />agents, or employees by reason of any injury to or death of any person or damage suffered or
<br />sustained by any person or corporation, caused by, or alleged to have been caused by, any act or
<br />omission to act, negligent or otherwise, of Contractor, its officers, agents or employees in the
<br />performance of any work required of Contractor by this Agreement.
<br />
<br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall include a duty to
<br />defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein
<br />shall be construed to require Contractor to indemnify City, its Council, officers, boards, commissions,
<br />agents and employees against any responsibility or liability in contravention of Section 2782 of the
<br />California Civil Code.
<br />
<br />8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and effect throughout
<br />the term of this Agreement Workers' Compensation, employer's liability, commercial general liability,
<br />and owned, non-owned and hired automobile liability insurance coverage relating to Contractor's Work
<br />to be performed hereunder covering City's risks in form subject to the approval of the City Attorney.
<br />The minimum amounts of coverage corresponding to the aforesaid categories of insurance per
<br />insurable event shall be as follows:
<br />
<br />Insurance CateQorv
<br />Workers' Compensation
<br />
<br />Minimum Limits
<br />Statutory minimum.
<br />
<br />Employer's Liability
<br />
<br />$1,000,000.00 per accident for bodily injury or
<br />disease.
<br />
<br />Commercial General Liability
<br />
<br />$1,000,000.00 per occurrence, $2,000,000
<br />aggregate for bodily injury, personal injury and
<br />property damage.
<br />
<br />Automobile Liability $2,000,000.00 per occurrence, (coverage
<br />required to the extent applicable to Contractor's
<br />vehicle usage in performing work hereunder).
<br />
<br />Any deductibles or self-insured retentions must be declared to, and approved by City. At the option of
<br />City either Contractor's insurer shall reduce or eliminate the deductibles or self-insured retentions with
<br />respect to City, its Council, commissions, boards, committees, officers, employees and agents or
<br />Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
<br />administration and defense expenses.
<br />
<br />Concurrently with the execution of this Agreement, Contractor shall furnish City with certificates and
<br />copies of information or declaration pages of the insurance required hereunder and, with respect to
<br />evidence of commercial general liability and automobile liability insurance coverage, original
<br />endorsements:
<br />
<br />(a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after City
<br />shall have received written notification of cancellation or reduction in coverage by first class mail,
<br />postage prepaid;
<br />
<br />(b) Providing that Contractor's insurance shall apply separately to each insured against whom claim
<br />is made or suit is brought, except with respect to the limits of the insurer's liability (cross liability
<br />endorsements) ;
<br />
<br />(c) Naming City, its Council, commissions, boards, committees, officers, employees and agents as
<br />additional insureds; and
<br />
<br />(d) Providing that Contractor's insurance shall be primary insurance relating to Contractor's work
<br />hereunder with respect to City, its Council, commissions, boards, committees, officers, employees
<br />
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