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REV: 04-14-26 LF and associations) or damage suffered or sustained by any such person or property damage (including loss of use thereof) arising from, or alleged to have arisen from, any act or omission to act, negligent or otherwise, of Subrecipient, its officers, agents or employees under this Agreement. Subrecipient will bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorney’s fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly. The duty of Subrecipient to defend, indemnify and hold harmless, as set forth herein, will include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein will be construed to require Subrecipient to indemnify Indemnitees against any responsibility or liability in contravention of Section 2782 of the California Civil Code. This Paragraph 17 will survive the termination of this Agreement. 18. INSURANCE. Subrecipient shall 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 services and or project by Subrecipient or Subrecipient’s officers, agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than “A-:VII”. a. Coverages and Limits. Subrecipient, at its sole expense, shall maintain the types of coverages and minimum limits indicated below. These minimum amounts of coverage will not constitute any limitations or cap on Subrecipient's indemnification obligations under this Agreement. i. Commercial General Liability Insurance. Subrecipient shall maintain occurrence based coverage with limits not less than $1,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name the City, it’s Council, officers, boards, commissions, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. ii. Business Automobile Liability Insurance. Subrecipient shall maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non-owned automobiles. iii. Workers' Compensation and Employer's Liability Insurance. Subrecipient shall maintain coverage as required by the California Labor Code and Employer’s Liability limits with limits not less than $1,000,000 ATTY/AGR.2026.106/CORA (Emergency Shelter (CDBG)) (Page 8 of 17)