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io C � <br />responsibility to provide legal representation, the selection of whom shall be subject to <br />City's and Agency's approval. <br />The duty of Developer 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 />Developer to indemnify City or Agency, or their boards, commissions, officers, <br />employees and agents against any responsibility or liability in contravention of Section <br />2782 of the California Civil Code. <br />5. Insurance. Developer shall require all contractors performing work on the <br />Work to indemnify the City and Agency as set forth above, and shall include the <br />language set forth in Section 4, modified to name the contractor as the indemnitor, in all <br />construction contracts for the Work. <br />Developer shall maintain, or shall require all persons performing the Work, <br />including contractors and subcontractors, to obtain and maintain insurance of the types <br />and in the amounts described below in a form and with carriers satisfactory to City and <br />Agency: <br />Insurance Category <br />Minimum Limits <br />Workers' Compensation <br />Employer's Liability <br />Commercial General Liability <br />Automobile Liability <br />statutory minimum <br />$1 million per accident for <br />bodily injury or disease <br />Occurrence version commercial <br />general liability insurance or <br />equivalent form with a limit of not <br />less than $3 million (or as <br />otherwise approved, in writing, by <br />the City) each occurrence shall be <br />maintained. If such insurance <br />contains a general aggregate limit, <br />it shall apply separately to this <br />Agreement or be no less than two <br />times the occurrence limit. <br />Business automobile liability <br />insurance or equivalent form with <br />a limit of not less than $3 million <br />each accident shall be maintained. <br />Such insurance shall include <br />coverage for owned, hired and <br />non -owned automobiles. <br />F:Atty /Agr /Agr.100 <br />021903 4 <br />