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(including, costs and fees of litigation) of every nature, kind or description, which may <br />be brought against, or suffered or sustained by, City, its Council, boards, commissions, <br />officers, employees or agents caused by the negligence, intentional tortious act or <br />omission, or willful misconduct of Consultant, its officers, employees or agents in the <br />performance of any services or work pursuant to this Agreement. <br /> <br /> The duty of Consultant to indemnify and save harmless, as set forth herein, shall <br />include the duty to defend as set forth in Section 2778 of the California Civil Code; <br />provided, however, that nothing herein contained shall be construed to require <br />Consultant to indemnify City, its Council, boards, commissions, officers, employees and <br />agents against any responsibility or liability in contravention of Section 2782 of the <br />California Civil Code. <br /> <br /> 12. INSURANCE. Consultant shall acquire and maintain Workers' Compensa- <br />tion, employer's liability, commercial general liability, owned and non-owned and hired <br />automobile liability, and professional liability insurance coverage relating to Consultant's <br />services to be performed hereunder covering City's risks in form subject to the <br />approval of the City Attorney. The minimum amounts of coverage corresponding to the <br />aforesaid categories of insurance per insurable event shall be as follows: <br /> <br /> Insurance Cate.qory Minimum Limits <br /> Workers' Compensation statutory minimum <br /> <br /> Employer's Liability $1,000,000 per accident <br /> for bodily injury or disease <br /> <br /> Commercial General $1,000,000 per occurrence <br /> Liability and $2,000,000 aggregate for <br /> Bodily injury, personal injury and <br /> property damage. <br /> <br />F:Atty/Agr/Agr. 069 5 <br />082702 <br /> <br /> <br />