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6.3A
<br /> Page 46
<br /> 1 ARTICLE 10 INDEMNITY, INSURANCE, PERFORMANCE BOND, GUARANTY
<br /> 2 10.01 INDEMNIFICATION
<br /> 3 Contractor shall indemnify, defend and hold harmless Authority, its officers, employees
<br /> 4 and agents, (collectively the "Indemnitees") from and against (1) any and all liability,
<br /> 5 penalty, forfeiture, claim, demand, action, proceeding or suit, of any and every kind and
<br /> 6 description, whether judicial, quasi judicial or administrative in nature, (2) any and all
<br /> 7 loss including but not limited to injury to and death of any person and damage to
<br /> 8 property, and (3) claims for contribution or indemnity claimed by third parties
<br /> 9 (collectively, the "Claims"), arising out of or occasioned in any way by, directly or
<br /> 10 indirectly, Contractor's performance of, or its failure to perform, its obligations under this
<br /> 11 Agreement. The foregoing indemnity shall not apply to the extent that the Claim is
<br /> 12 caused solely by the negligence or intentional misconduct of Authority, its officers,
<br /> 13 employees or agents, but shall apply if the Claim is caused by the joint negligence of
<br /> 14 Contractor or other persons, including any of the Indemnitees. Upon the occurrence of
<br /> 15 any Claim, Contractor, at Contractor's sole cost and expense, shaU defend (with
<br /> 16 attorneys reasonably acceptable to Authority) the Indemnitees. Contractor's duty to
<br /> 17 indemnify and defend shall survive the expiration or earlier termination of this
<br /> 18 Agreement.
<br /> 19 10.02 INSURANCE
<br /> 20 A. Types and Amounts of Coverage. Contractor shall procure from an insurance
<br /> 21 company or companies licensed to do business in the State of California and shall
<br /> 22 maintain in force at all times during the Term the following types and amounts of
<br /> 23 insurance:
<br /> 24 1. Workers' Compensation and Emplover's Liabilitv. Contractor shall maintain
<br /> 25 workers' compensation insurance covering its employees in statutory amounts
<br /> 26 and otherwise in compliance with the laws of the State of California. Contractor
<br /> 2� shall maintain employer's liability insurance in an amount not less than One
<br /> 28 Million Dollars ($1,000,000) per accident or disease. Contra�tor shall not be
<br /> 29 obligated to carry workers compensation insurance if (i) it qualifies under
<br /> 30 California law and continuously complies with all statutory obligations to self-
<br /> 31 insure against such risks; (ii) furnishes a certificate of Permission to Self Insure
<br /> 32 issued by the Department of Industrial Relations; and (iii) fumishes updated
<br /> 33 certificates of Permission to Self Insure periodically to evidence continuous self
<br /> 34 insurance, at least ten (10) days before the expiration of the previous certificate.
<br /> 35 2. Comprehensive General Liabilitv (and Automobile Liabilitv). Contractor shall
<br /> 36 maintain comprehensive general liability insurance with a combined single limit of
<br /> 3� not less than Ten Million Dollars ($10,OOQ,000) per occurrence and Twenty
<br /> 38 Million Dollars ($10,000,000) annual aggregate covering all claims and all legal
<br /> 39 liability for personal injury, bodily injury, death, and property damage, including
<br /> 40 the loss of use thereof, arising out of, or occasioned in any way by, directly or
<br /> 41 indirectly, Contractor's performance of, or its failure to perform, services under
<br /> 42 this Agreement.
<br /> 43 The insurance required by this subsection shall include:
<br /> 44 • Premises Operations (including use of owned and non-owned equipment);
<br /> Operating Agreement for Shoreway Center
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