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REV: 11-30-2021 MI The duty of Contractor to indemnify and save harmless, as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 8. ASSIGNABILITY AND SUBCONTRACTING Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of City. Any such assignment or subcontract without City’s prior written consent shall give City the right to automatically and immediately terminate this Agreement without penalty or advance notice. 9. INSURANCE a. General Requirements Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by City, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish City with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. Insurance is to be place with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII. b. Workers' Compensation and Employer's Liability Insurance Contractor shall have in effect during the entire term of this Agreement workers' compensation and employer's liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement. The Worker’s Compensation policy shall contain an endorsement stating the insurer waives any right to subrogation against the City, its Council, officers, boards, commissions, employees, and agents. c. Liability Insurance Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance and shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance shall be on an “occurrence” basis, ATTY/AGR.2021.310/CORA (Page 3 of 8)