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reduce or limit the guarantee as provided by Contractor pursuant to this paragraph
<br /> during the first year of the life of such guarantee.
<br />
<br /> 7. Contractor hereby agrees to indemnify and save harmless City, its Council, officers,
<br /> boards, commissions, agents and employees of and from any and all claims, suits or
<br /> actions of every name, kind and description which may be brought against City, its
<br /> Council, officers, boards, commissions, agents, or employees by reason of any injury to
<br /> or death of any person or damage suffered or sustained by any person or corporation,
<br /> caused by, or alleged to have been caused by, any act or omission to act, negligent or
<br /> otherwise, of Contractor, its officers, agents or employees in the performance of any
<br /> work required of Contractor by this Agreement.
<br />
<br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall include
<br /> a duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br /> however, that nothing herein shall be construed to require Contractor to indemnify City,
<br /> its Council, officers, boards, commissions, agents and employees against any
<br /> responsibility or liability in contravention of Section 2782 of the California Civil Code.
<br />
<br /> 8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and
<br /> effect throughout the term of this Agreement Workers' Compensation, employer's
<br /> liability, commercial general liability, and owned, non-owned and hired automobile
<br /> liability insurance coverage relating to Contractor's Work to be performed hereunder
<br /> covering City's risks in form subject to the approval of the City Attorney. The minimum
<br /> amounts of coverage corresponding to the aforesaid categories of insurance per
<br /> insurable event shall be as follows:
<br />
<br /> Insurance Category Minimum Limits
<br /> Workers' Compensation Statutory minimum.
<br />
<br /> Employer's Liability $1,000,000.00 per accident for bodily injury or
<br /> disease.
<br />
<br /> Commemial General Liability $1,000,000.00 per occurrence, $2,000,000
<br /> aggregate for bodily injury, personal injury and
<br /> property damage.
<br />
<br /> Automobile Liability $2,000,000.00 per occurrence, (coverage
<br /> required to the extent applicable to Contractor's
<br /> vehicle usage in performing work hereunder).
<br />
<br /> Any deductibles or self-insured retentions must be declared to, and approved by City. At
<br /> the option of City either Contractor's insurer shall reduce or eliminate the deductibles or
<br /> self-insured retentions with respect to City, its Council, commissions, boards,
<br /> committees, officers, employees and agents or Contractor shall procure a bond
<br /> guaranteeing payment of losses and related investigations, claim administration and
<br /> defense expenses.
<br />
<br /> Concurrently with the execution of this Agreement, Contractor shall furnish City with
<br /> certificates and copies of information or declaration pages of the insurance required
<br /> hereunder and, with respect to evidence of commercial general liability and automobile
<br /> liability insurance coverage, original endorsements:
<br />
<br />F:Atty/Agr/Agr.120
<br />052003 5
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