Agmt10 Flowserve US Inc. - Laserfiche WebLink

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VI. WORKERS' COMPENSATION Seller is advised 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 that Code, and shall comply with such provisions before commencing performance of services and work hereunder. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, Seller is required to secure the payment of compensation to Seller's employees and for that purpose shall obtain and keep in effect adequate Workers' Compensation insurance. If Seller, in the sole discretion of Buyer, satisfies Buyer of Seller's responsibility and capacity under the applicable Workers' Compensation laws to act as self-insurer, Seller may so act, and in such case, the insurance required by this paragraph need not be provided. Concurrently with entering into,this agreement, Seller shall submit written evidence that it and its subcontractors, if any, have obtained for the period of performance hereunder Workers' Compensation insurance coverage for all persons whom they employ or may employ in carrying out the work under this Agreement. The insurance shall comply with the requirements of the most current and applicable California Workers' Compensation insurance laws. In accordance with the provisions of Section 1861 of the California Labor Code, Seller, in signing this Agreement, certifies to the Buyer as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." VII. INDEMNIFICATION Seller shall defend, hold harmless and indemnify Buyer, and its respective governing bodies and South Bayside System Authority, and their officers, employees, agents and consultants (collectively, "Indemnitees"), against and from any and all claims, suits or actions of every name, kind and description arising out of any injury to, or death of, any person, or property damage (including loss of use thereof), suffered or sustained by any person or entity to the extent caused by Seller, its officers, employees or agents' negligence or willful misconduct in the performance of any of is obligations or duties under this agreement. The duty of Seller to indemnify and save harmless as set forth herein includes the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Seller to indemnify Indemnitees against any responsibility or liability in contravention of Section 2782 of said code. AGREEMENT MAIN PUMP PROCUREMENT PACKAGE Agreement-4