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REV: 07-15-2021 SK <br />subcontractor of a subcontractor by the terms of this Agreement applicable to <br />Subrecipient’s work unless specifically noted to the contrary in the subcontract and <br />approved in writing by City. <br />17. HOLD HARMLESS. Subrecipient will defend, indemnify and hold harmless <br />City, its Council, officers, boards, commissions, agents and employees (collectively, <br />“Indemnitees”) against and from any and all claims, suits or actions of every name, kind <br />and description (“Claims”), which may be brought against Indemnitees, or any of them, <br />by reason of any injury to, or death of, any person (including corporations, partnerships, <br />and associations) or damage suffered or sustained by any such person or property <br />damage (including loss of use thereof) arising from, or alleged to have arisen from, any <br />act or omission to act, negligent or otherwise, of Subrecipient, its officers, agents or <br />employees under this Agreement. Subrecipient will bear all losses, costs, damages, <br />expense and liability of every kind, nature and description, including attorney’s fees, <br />experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such <br />Claims, whether directly or indirectly. <br />The duty of Subrecipient to defend, indemnify and hold harmless, as set forth <br />herein, will include the duty to defend as set forth in Section 2778 of the California Civil <br />Code; provided, however, that nothing herein will be construed to require Subrecipient to <br />indemnify Indemnitees against any responsibility or liability in contravention of Section <br />2782 of the California Civil Code. This Paragraph 16 will survive the termination of this <br />Agreement. <br />18. INSURANCE. Subrecipient will acquire and maintain Workers <br />Compensation, employer’s liability, comprehensive general liability, owned, non-owned, <br />and hired automobile liability insurance coverage relating to Subrecipient’s activities <br />funded hereunder covering City’s risk subject to the approval of the City Attorney. All <br />insurance carriers are required to maintain an A.M. Best rating of not less than “A-: VII”. <br />The minimum amounts of coverage corresponding to the aforesaid categories of <br />insurance per insurable event, will be as follows: <br />ATTY/AGR.2021.178/Mental Health Association (Page 9 of 20)