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<br />cancellation or reduction in coverage by first class mail, postage
<br />prepaid;
<br />
<br />(b) Providing that Contractor's insurance shall apply separately to each
<br />insured against whom claim is made or suit is brought, except with
<br />respect to the limits of the insurer's liability (cross liability
<br />. endorsements);
<br />
<br />(c) Naming City, its Council, commissions, boards, committees, officers,
<br />employees and agents as additional insureds; and
<br />
<br />(d) Providing that Contractor's insurance shall be primary insurance
<br />relating to Contractor's work hereunder with respect to City, its
<br />Council, commissions, boards, committees, officers, employees and
<br />Agents, and further providing that any insurance or self-insurance
<br />maintained by City for itself, its Council, commissions, boards,
<br />committees, officers, employees and agents shall not be excess of
<br />Contractor's insurance and shall not be contributory with it.
<br />
<br />Contractor will defend, indemnify and hold harmless City and its officers,
<br />agents, employees and volunteers from and against all claims, damages,
<br />losses and expenses including attorney fees arising out of the performance
<br />of the Services, caused in whole or in part by the willful misconduct or any
<br />negligent act or omission of the Contractor, any subcontractor, anyone
<br />directly or indirectly employed by any of them or anyone for whose acts any
<br />of them may be liable, except where caused by the active negligence, sole
<br />negligence, or willful misconduct of City.
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<br />9. Miscellaneous. Contractor shall provide, on the execution of this
<br />Agreement, a good and sufficient corporate surety bond in the penal sum of
<br />one hundred percent (1000/0) of amount bid, which bond shall be
<br />conditioned upon the faithful performance of all work required to be
<br />performed by Contractor under this Agreement. Said bond shall be liable
<br />for any and all penalties and obligations which may be incurred by
<br />Contractor under this Agreement. Acceptance of the bond by the City is
<br />subject to the review and approval of the bond by the City Attorney's office.
<br />
<br />In addition to the bond required under Paragraph 9 hereof, Contractor shall
<br />furnish a good and sufficient corporate surety bond in the penal sum of one
<br />hundred percent (1000/0) of amount of bid, which bond shall conform strictly
<br />with the provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil
<br />Code of the State of California, and all amendments thereto. Acceptance of
<br />the bond by the City is subject to the review and approval of the bond by the
<br />City Attorney's office. .
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<br />Pursuant to California Public Contract Code Section 7100, the acceptance
<br />by Contractor of an undisputed payment made under the terms of the
<br />Contract shall operate as, and shall be, a release to City, and their duly
<br />authorized agents, from all claim of and/or liability to Contractor arising by
<br />virtue of the Contract related to those amounts. Disputed contract claims in
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