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8'cd2 <br />sustained by, City, its Council, the Agency, their boards, commission, officers, <br />employees, or agents, arising out of or related to the performance of the Work , except <br />where caused by the active negligence, sole negligence, or willful misconduct of City or <br />Agency. Developer shall include in its contracts with all design professionals and <br />consultants in connection with the Work similar obligations to indemnify, defend and <br />hold harmless the City and the Agency. <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 and Developer's Consultant to indemnify City, its Council, the Agency, their <br />boards, commissions, officers, employees and agents against any responsibility or <br />liability in contravention of Section 2782 of the California Civil Code. <br />13. INSURANCE Developer shall acquire and maintain Workers' <br />Compensation, employer's liability, commercial general liability, owned and non -owned <br />and hired automobile liability, and professional liability insurance coverage relating to <br />Developer's services to be performed hereunder in form subject to the approval of the <br />City Attorney. The minimum amounts of coverage shall be as follows: <br />Insurance Category Minimum Limits <br />Workers' Compensation statutory minimum Employer's Liability <br />$1,000,000 per accident for bodily injury <br />or disease <br />Commercial General $1,000,000 per occurrence <br />Liability and $2,000,000 aggregate for bodily <br />injury, personal injury and property <br />damage <br />Automobile Liability $2,000,000 per accident for bodily injury <br />and property damage (coverage <br />required to the extent applicable to <br />Consultant's vehicle usage in <br />performing services hereunder) <br />Professional Liability $1,000,000 per claim and Aggregate <br />F:Atty /Agr /Agr.119 <br />050803 9 <br />