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<br />City shall indemnify, defend and hold harmless Bank and its officers, directors, <br />employees, agents and assigns from and against all claims, losses, demands, liability, <br />judgments, awards, interest, attorney's fees and costs arising out of, resulting from or <br />relating to the performance of the Services hereunder or the Service Documentation, <br />caused in whole or in part by the negligent or intentional acts or omissions of City or any <br />of its officers, directors, employees, agents or assigns. <br /> <br />It is the intention of Bank and City that the provisions of this Section be interpreted to <br />impose on each party responsibility to the other party for the negligent or intentional <br />acts and omissions of their respective officers, directors, employees, agents and <br />assigns. It is also the intention of Bank and City that, where negligence is determined to <br />have been contributory, principles of comparative fault will be followed and each party <br />shall bear the proportionate cost of any damage attributable to the fault of that party or <br />its officers, directors, employees, agents or assigns. <br /> <br />11. Insurance. Bank will obtain and maintain for the duration of the Agreement and <br />any and all amendments, insurance against claims for injuries to persons or damage to <br />property which may arise out of or in connection with performance of the Services by <br />Bank or Bank's agents, representatives, employees or subcontractors. The insurance <br />will be obtained from an insurance carrier admitted and authorized to do business in the <br />State of California. The insurance carrier is required to have, or be re-insured by a <br />carrier who has a current Best's Key Rating of not less than "A-:V." <br /> <br />11 .1 CoveraQes and Limits. Bank will maintain the types of coverages and <br />minimum limits indicated below, unless Risk Manager or City Manager, in <br />consultation with the City Attorney approves a lower amount. These minimum <br />amounts of coverage will not constitute any limitations or cap on Bank's <br />indemnification obligations under this Agreement. City, its officers, agents, <br />volunteers and employees make no representation that the limits of the <br />insurance specified to be carried by Bank pursuant to this Agreement are <br />adequate to protect Bank. If Bank believes that any required insurance coverage <br />is inadequate, Bank will obtain such additional insurance coverage, as Bank <br />deems adequate, at Bank's sole expense. <br /> <br />11.1.1 Commercial General Liability Insurance. $1,000,000 combined <br />single-limit per occurrence for bodily injury, personal injury and property <br />damage. If the submitted policies contain aggregate limits, general <br />aggregate limits will apply separately to the work under this Agreement or <br />the general aggregate will be twice the required per occurrence limit. <br /> <br />11.1.2 Automobile Liability. $1,000,000 combined single-limit per accident <br />for bodily injury and property damage. <br /> <br />11.1.3 Workers' Compensation and Employer's Liability. Workers' <br />Compensation limits as required by the California Labor Code and <br /> <br />A TTY/AGR/2008.07 4 <br />090208 <br /> <br />3 <br />