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extent caused in whole or in part by any negligent act or omission of Developer, its <br />officers, Consultants, agents and employees, or anyone directly or indirectly employed <br />by any one of them or anyone for whose acts any of them may be liable, except where <br />caused by the active negligence, sole negligence, or willful misconduct of City or <br />Agency. Developer shall also protect, indemnify and hold harmless the above-named <br />parties for any liability from and against claims based upon the use of any patent, <br />patented article or copyright or copyrighted material by Developer or Consultants in the <br />performance of the Services. :Developer's duty to defend and hold harmless sha~l <br />include the responsibility to provide legal representation, the selection of whom shall be <br />subject to approval by the City and Agency. Developer shall include in its contracts with <br />all design professionals and consultants in connection with the Work similar obligations <br />to indemnify defend and hold harmless City and Agency. <br /> <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 /> <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 /> <br /> Insurance Cate.qory Minimum Limits <br /> Workers' Compensation statutory minimum <br /> <br /> Employer's Liability $1,000,000 per accident for bodily injury <br /> or disease <br /> <br /> Commercial General $1,000,000 per occurrence and <br /> Liability $2,000,000 aggregate for bodily injury, <br /> personal injury and property damage <br /> <br /> F:Atty/Agr/Agr.119 <br /> 052003 9 <br /> <br /> <br />