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<br />presents the invoice to City more than one-hundred twenty (120) days after <br />the date services were rendered, or more that ninety (90) days after this <br />Agreement terminates, whichever is earlier. <br /> <br />3. RELATIONSHIP OF PARTIES. It is expressly understood that this is an <br />agreement between two (2) independent contractors and that no agency, <br />employee, partnership, joint venture or other relationship is established by this <br />Agreement. The intent of City and Contractor is to create an independent <br />contractor relationship. <br /> <br />4. HOLD HARMLESS. The Contractor shall indemnify and save harmless the <br />City, its Council, and its officers, boards, commissions, agents and employees <br />(collectively, "Indemnitees") from all claims, suits or actions of every name, kind <br />and description, brought for, or on account of, injuries to or death of any person, <br />including Contractor, or damage to property of any kind whatsoever and to <br />whomsoever belonging, including but not limited to, the concurrent passive <br />negligence of the City, its Council, and its officers, boards, commissions, agents, <br />and employees, resulting from the performance of any work required by this <br />Agreement of Contractor, its officers, agents, employees and/or servants, <br />provided that this shall not apply to injuries or damage for which Indemnities, or <br />anyone of them have been found in a court of competent jurisdiction to be solely <br />liable by reason of its own negligence or willful misconduct. <br /> <br />The duty of the Contractor to indemnify and save harmless, as set forth herein, <br />shall include the duty to defend as set forth in Section 2778 of the California Civil <br />Code. <br /> <br />5. INSURANCE. Contractor shall acquire and maintain Workers <br />Compensation, employer's liability, comprehensive general liability, owned and <br />non-owned and hired automobile liability insurance coverage (if applicable as <br />indicated below) relating to Contractor's activities funded hereunder covering <br />City's risks in form subject to the approval of the City Attorney. The minimum <br />amounts of coverage corresponding to the aforesaid categories of insurance per <br />insurable event shall be as follows: <br /> <br />Insurance Cateaorv <br />Workers Compensation <br /> <br />Minimum Limits <br />statutory minimum <br /> <br />Employer's Liability <br /> <br />$1,000,000 per accident <br />for bodily injury, personal <br />injury and property damage <br /> <br />Comprehensive General <br />Liability <br /> <br />$1,000,000 per occurrence <br />for bodily injury, personal <br />injury, and property damage <br /> <br />ATTY/AGR/2008.072 <br />081308 <br /> <br />3 <br />