Agmt97 CDBG Pen. Habitat for Hu - Laserfiche WebLink

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4. HOLD HARMLESS The Contractor shall indemnify and save harmless the City, its Council, officers, boards, commissions, agents and employees (collectively, ~lndemnities") from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person, including Contractor, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to, the concurrent passive negligence of the City, its Council, officers, boards, commissions, agents, and employees, resulting from the performance of any work required by this Agreement of Contractor, its officers, agents, employees and/or servants, provided that this shall not apply to injuries or damage for which City has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of the Contractor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. ,5. INSURANCE A. the Contractor shall not commence work or be required to Commence work under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance has been approved by the Housing Coordinator and Contractor shall use diligence to obtain such issuance and to obtain such approval. The Contractor shall furnish the City Clerk of City with certificates of insurance evidencing the required coverage, and those shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the City Clerk of any pending change in the limits of liability or of non- renewal, cancellation, or modification of the policy. (1) Workers' Compensation and Employee's Liability Insurance. The Contractor shall have in effect during the entire life of this Agreement, Workers' Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "1 am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be 3