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<br />9. Other Contractors. The City reserves the right to employ other Contractors in connection <br />with the Services. <br /> <br />10. Indemnification. Contractor will defend, indemnify and hold harmless City and its officers, <br />agents, employees and volunteers from and against all claims, damages, losses and expenses <br />including attorney fees arising out of the performance of the Services, caused in whole or in part <br />by the willful misconduct or any negligent act or omission of the Contractor, any subcontractor, <br />anyone directly or indirectly employed by any ofthem or anyone for whose acts any of them may <br />be liable, except where caused by the active negligence, sole negligence, or willful misconduct of <br />City. <br /> <br />The Parties expressly ag ree that any reasonable payment, attorney's fee, cost or expense <br />City incurs or makes to or on behalf of an injured employee under the City's self-administered <br />workers' compensation is included as a loss, expense or cost for the purposes of this section, <br />and that this section will survive the expiration or early termination of the Agreement. <br /> <br />11. Insurance. Contractor will obtain and maintain for the duration of the Agreement and any <br />and all amendments, insurance against claims for injuries to persons or damage to property <br />which may arise out of or in connection with performance of the Services by Contractor or <br />Contractor's agents, representatives, employees or subcontractors. The insurance will be <br />obtained from an insurance carrier admitted and authorized to do business in the State of <br />California. The insurance carrier is required to have a current Best's Key Rating of not less than <br />"A-:V." <br /> <br />11.1 CoveraQes and Limits. Contractor will maintain the types of coverages and <br />minimum limits indicated below, unless Risk Manager or City Manager, in consultation <br />with the City Attorney approves a lower amount. These minimum amounts of coverage <br />will not constitute any limitations or cap on Contractor's indemnification obligations under <br />this Agreement. City, its officers, agents, volunteers and employees make no <br />representation that the limits of the insurance specified to be carried by Contractor <br />pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that <br />any required insurance coverage is inadequate, Contractor will obtain such additional <br />insurance coverage, as Contractor deems adequate, at Contractor's sole expense. <br /> <br />11.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit <br />per occurrence for bodily injury, personal injury and property damage. If the <br />submitted policies contain aggregate limits, general aggregate limits will apply <br />separately to the work under this Agreement or the general aggregate will be twice <br />the required per occurrence limit. <br /> <br />11.1.2 Automobile Liabilitv. $1,000,000 combined single-limit per accident for <br />bodily injury and property damage. <br /> <br />11.1.3 Workers' Compensation and Emplover's Liability. Workers' Compensation <br />limits as required by the California Labor Code and Employer's Liability limits of <br />$1,000,000 per accident for bodily injury. Workers' Compensation and Employer's <br />Liability insurance will not be required if Contractor has no employees and <br />ATTY/AGR/2008.046 3 <br />062708 <br />