Agmt08 Rubinstein, Barton - Laserfiche WebLink

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between any subcontractor of Artist and City. Artist will be responsible for payment of subcontractors. Artist will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Artist's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. Other Consultants. The City reserves the right to employ other consultants in connection with the Work. 10. Indemnification. Artist will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of or character of the Work, caused in whole. or in part by the willful misconduct or any negligent act or omission of the Artist, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City. 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, and that this section will survive the expiration or early termination of the Agreement. 11. Insurance. Artist will 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 Work by Artist or Artist's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-V." 11.1 Coveraaes and Limits. Artist will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Artist's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Artist pursuant to this Agreement are adequate to protect Artist. If Artist believes that any required insurance coverage is inadequate, Artist will obtain such additional insurance coverage, as Artist deems adequate, at Artist's sole expense. 11.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. A TTY/AGR/2008.075 090408 3