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<br />against any and all liability, loss, damage, expense, costs (including without limitation, <br /> <br />costs and fees of litigation) of every nature arising out of or in connection with Owner's <br /> <br />performance of work hereunder or its failure to comply with any of its obligations <br /> <br />contained in the agreement, except such loss or damage which was caused by the sole <br /> <br />negligence or willful misconduct of the City. <br /> <br />4. Insurance. Owner will obtain and maintain for the duration of the Agreement <br /> <br />and any and all amendments, insurance against claims for injuries to persons or <br /> <br />damage to property which may arise out of or in connection with construction of the <br /> <br />Improvements by Owner or Owner's agents, representatives, employees or <br /> <br />subcontractors. The insurance will be obtained from an insurance carrier admitted and <br /> <br />authorized to do business in the State of California. The insurance carrier is required to <br /> <br />have a current Best's Key Rating of not less than "A-:V." <br /> <br />4.1 Coveraqes and Limits. Owner will maintain the types of coverages and <br />minimum limits indicated below, unless Risk Manager or City Manager, in <br />consultation with the City Attorney approves a lower amount. These minimum <br />amounts of coverage will not constitute any limitations or cap on Owner's <br />indemnification obligations under this Agreement. City, its officers, agents, <br />volunteers and employees make no representation that the limits of the <br />insurance specified to be carried by Owner pursuant to this Agreement are <br />adequate to protect Owner. If Owner believes that any required insurance <br />coverage is inadequate, Owner will obtain such additional insurance coverage, <br />as Owner deems adequate, at Owner's sole expense. <br /> <br />4.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined <br />single-limit per occurrence for bodily injury, personal injury and property <br />damage. If the submitted policies contain aggregate limits, general <br />aggregate limits will apply separately to the work under this Agreement or <br />the general aggregate will be twice the required per occurrence limit. <br /> <br />4.1.2 Automobile Liabilitv. $1,000,000 combined single-limit per accident <br />for bodily injury and property damage. <br /> <br />4.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' <br />Compensation limits as required by the California Labor Code and <br /> <br />A TTY/AGR/201 0.057 <br />080610 <br /> <br />4 <br />