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1 <br /> and omissions of Consultant's subcontractor and of the persons either directly or <br /> indirectly employed by the subcontractor, as Consultant is for the acts and omissions of <br /> persons directly employed by Consultant. Nothing contained in this Agreement will <br /> create any contractual relationship between any subcontractor of Consultant and City. <br /> Consultant will be responsible for payment of subcontractors. Consultant will bind every <br /> subcontractor and every subcontractor of a subcontractor by the terms of this <br /> Agreement applicable to Consultant's work unless specifically noted to the contrary in <br /> the subcontract and approved in writing by City. <br /> 9. Other Consultants. The City reserves the right to employ other consultants in <br /> connection with the Services. <br /> 10. Indemnification. Consultant will indemnify and hold harmless City and its <br /> officers, agents, employees and volunteers from and against all claims, damages, <br /> losses and expenses including attorney fees to the extent arising out of the willful <br /> misconduct or any negligent act or omission of the Consultant, any subcontractor, <br /> anyone directly or indirectly employed by any of them or anyone for whose acts any of <br /> them may be liable. <br /> The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br /> expense City incurs or makes to or on behalf of an injured employee under the City's <br /> self- administered workers' compensation is included as a loss, expense or cost for the <br /> purposes of this section, and that this section will survive the expiration or early <br /> termination of the Agreement. <br /> 11. Insurance. Consultant will obtain and maintain for the duration of the Agreement <br /> and any and all amendments, insurance against claims for injuries to persons or <br /> damage to property which may arise out of or in connection with performance of the <br /> Services by Consultant or Consultant's agents, representatives, employees or <br /> subcontractors. The insurance will be obtained from an insurance carrier admitted and <br /> authorized to do business in the State of California. The insurance carrier is required to <br /> have a current Best's Key Rating of not less than "A -:V." <br /> 11.1 Coverages and Limits. Consultant will maintain the types of coverages <br /> and minimum limits indicated below, unless Risk Manager or City Manager, in <br /> consultation with the City Attorney approves a lower amount. These minimum <br /> amounts of coverage will not constitute any limitations or cap on Consultant's <br /> indemnification obligations under this Agreement. City, its officers, agents, <br /> volunteers and employees make no representation that the limits of the <br /> insurance specified to be carried by Consultant pursuant to this Agreement are <br /> adequate to protect Consultant. If Consultant believes that any required <br /> insurance coverage is inadequate, Consultant will obtain such additional <br /> insurance coverage, as Consultant deems adequate, at Consultant's sole <br /> expense. <br /> ATTY /AGR/2011.027 KENNEDY JENKS 3 <br /> 032111 <br />