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7. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br /> officers, boards, commissions, agents and employees of and from any and
<br /> all claims, suits or actions of every name, kind and description which may
<br /> be brought against City, its Council, officers, boards, commissions, agents,
<br /> or employees by reason of any injury to or death of any person or damage
<br /> suffered or sustained by any person or corporation, caused by, or alleged to
<br /> have been caused by, any act or omission to act, negligent or otherwise, of
<br /> Contractor, its officers, agents or employees in the performance of any work
<br /> required of Contractor by this Agreement.
<br />
<br /> The duty of Contractor to indemnify and save harmless, as set forth herein,
<br /> shall include a duty to defend as set forth in Section 2778 of the California
<br /> Civil Code; provided, however, that nothing herein shall be construed to
<br /> require Contractor to indemnify City, its Council, officers, boards,
<br /> commissions, agents and employees against any responsibility or liability in
<br /> contravention of Section 2782 of the California Civil Code.
<br />
<br /> 8. Contractor, at its sole cost and expense, shall acquire and maintain in full
<br /> force and effect throughout the term of this Agreement Workers'
<br /> Compensation, employer's liability, commercial general liability, and owned,
<br /> non-owned and hired automobile liability insurance coverage relating to
<br /> Contractor's Work to be performed hereunder covering City's risks in form
<br /> subject to the approval of the City Attorney. The minimum amounts of
<br /> coverage corresponding to the aforesaid categories of insurance per
<br /> insurable event shall be as follows:
<br />
<br /> Insurance Category Minimum Limits
<br /> Workers' Compensation Statutory minimum.
<br />
<br /> Employer's Liability $1,000,000.00 per accident for
<br /> bodily injury or disease.
<br />
<br /> Commercial General Liability $1,000,000.00 per occurrence, $2,000,000
<br /> aggregate for bodily injury, personal injury
<br /> and
<br /> property damage.
<br />
<br /> Automobile Liability $2,000,000.00 per occurrence, (coverage
<br /> required to the extent applicable to
<br /> Contractor's vehicle usage in performing
<br /> work hereunder).
<br /> Any deductibles or self-insured retentions must be declared to, and
<br /> approved by City. At the option of City either Contractor's insurer shall
<br /> reduce or eliminate the deductibles or self-insured retentions with respect to
<br /> City, its Council, commissions, boards, committees, officers, employees and
<br />
<br />F:Atty/Agr/Agr.086
<br />010303 6
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