Agmt10 Cedar Street Apartments, Inc.

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verify that all activities funded hereunder benefit only HOME residents within the project. Annual reports shall continue to be due to City and Agency each year for a period of no less than five years from the date of execution of this agreement. 3. RELATIONSHIP OF PARTIES It is expressly understood that this is an agreement between two (2) independent contractors and that no agency, employee, partnership, joint venture or other relationship is established by this Agreement. The intent of City and CHDO is to create an independent contractor relationship. 4. HOLD HARMLESS The CHDO shall indemnify and save harmless the Agency, its Board, the City, its Council, and their respective officers, boards, commissions, agents and employees (collectively, "Indemnities ") from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person, including CHDO, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to, the concurrent passive negligence of the City and Agency, and their respective officers, boards, commissions, agents, and employees, resulting from the performance of any work required by this Agreement of CHDO, its officers, agents, employees and /or servants, provided that this shall not apply to injuries or damage for which Indemnities, or any one of them have been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of the CHDO to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 5. INSURANCE CHDO shall acquire and maintain Workers Compensation, employer's liability, comprehensive general liability, owned and non -owned and hired automobile liability insurance coverage (if applicable as indicated below) relating to CHDO's activities funded hereunder covering City risks in a form subject to the approval of the City Attorney. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows: Insurance Category Minimum Limits Workers Compensation statutory minimum Employer's Liability $1,000,000 per accident for bodily injury, personal injury and property damage Comprehensive General $1,000,000 per occurrence ATTY /AGR/2010.064 3 072910