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been caused by, the negligence, intentional tortious act or omission, or willful <br /> misconduct of Auditor, its officers, employees or agents in the performance of any <br /> services or work pursuant to this Agreement. <br /> <br /> The duty of Auditor 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 shall be constructed to require Auditor to <br /> indemnify City, its Council, boards, commissions, officers, agents and employees <br /> against any responsibility or liability in contravention of Section 2782 of the California <br /> Civil Code. <br /> <br /> 12. INSURANCE. Auditor shall acquire and maintain Workers' Compensation, <br />Employer's Liability, Commercial General Liability, Owned and Non-Owned and Hired <br />Automobile Liability, and Professional Liability insurance coverage relating to Auditor's <br />services to be performed hereunder covering City's risks in form subject to the approval <br />of City's attorney. The minimum amounts of coverage corresponding to the aforesaid <br />categories of insurance per insurable event, shall be as follows: <br /> <br /> Insurance Cate.qory Minimum Limits <br /> Worker's Compensation statutory minimum <br /> <br /> Employer's Liability $1,000,000 per accident for bodily <br /> injury or disease <br /> <br /> Commercial General Liability $1,000,000 per occurrence and <br /> $2,000,000 aggregate for bodily <br /> injury, personal injury and <br /> property damage <br /> <br /> Automobile Liability $1,000,000 per occurrence for <br /> bodily injury and property damage <br /> (coverage required to the extent <br /> applicable to Auditor's vehicle <br /> usage in performing services <br /> hereunder) <br /> <br /> Professional Liability $1,000,000 per claim and <br /> aggregate <br /> <br />F:AffyAgr/Agr.105 <br />031703 4 <br /> <br /> <br />