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Attachment 7 to Exhibit D <br />ATTY/AGR/2025/AMEND NO.2 – YMCA MASTER PROJECT AGREEMENT <br />REV: 07-17-25 VR <br />2.04 Approval or purchase of any insurance contracts or policies shall in no way relieve from <br />liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or <br />agents of any of them. The Contractor’s defense and indemnification obligations are <br />undertaken in addition to, and shall not in any way be limited by, the insurance obligations <br />contained herein. <br />2.05 To the furthest extent permitted by law (including, without limitation, Civil Code §2782), the <br />indemnities, releases of liability and limitations of liability, claims procedures, and limitations <br />of remedy expressed throughout Contract Documents shall apply even in the event of breach <br />of Contract, negligence (active or passive), fault or strict liability of the party(ies) <br />indemnified, released, or limited in liability, and shall survive the termination, rescission, <br />breach, abandonment, or completion of the Work or the terms of the Contract Documents. If <br />Contractor fails to perform any of these defense or indemnity obligations, City may in its <br />discretion back charge Contractor for City’s costs and damages resulting therefrom and <br />withhold such sums from progress payments or other Contract moneys which may become <br />due. <br />2.06 Contractor’s obligations to defend and indemnify City shall survive the termination or <br />completion of this Contract for the full period of time allowed by law. <br />Page 48 of 50