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kind or description, which may be brought against, or suffered or sustained by, City, its <br />Council, boards, commission, officers, employees, or agents, arising out of the <br />performance of the work described herein, to the extent caused in whole or in part by <br />any negligent act or omission of Consultant, its officers, agents and employees, or <br />anyone directly or indirectly employed by any of them or anyone for whose acts any of <br />them may be liable, except where caused by the active negligence, sole negligence, or <br />willful misconduct of City. <br /> <br /> The duty of Consultant 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 />Consultant to indemnify City, its Council, boards, commissions, officers, employees and <br />agents against any responsibility or liability in contravention of Section 2782 of the <br />California Civil Code. <br /> <br /> 12. INSURANCE. Consultant 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 />Consultant's services to be performed hereunder covering City's risks in form subject <br />to the approval of the City Attorney. The minimum amounts of coverage corresponding <br />to the aforesaid categories of insurance per insurable event, shall be as follows: <br /> <br /> Insurance CateRory 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 />F:Atty/AgdAgr. 143 5 <br />073003 <br /> <br /> <br />