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or limit the guarantee as provided by Contractor pursuant to this paragraph during the first
<br /> 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 or
<br /> 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 work
<br /> required of Contractor by this Agreement.
<br />
<br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall include a
<br /> duty to defend as set forth in Section 2778 of the California Civil Code; provided, however,
<br /> that nothing herein shall be construed to require Contractor to indemnify City, its Council,
<br /> officers, boards, commissions, agents and employees against any responsibility or liability
<br /> 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 effect
<br /> throughout the term of this Agreement Workers' Compensation, employer's liability,
<br /> commercial general liability, and owned, non-owned and hired automobile liability
<br /> insurance coverage relating to Contractor's Work to be performed hereunder covedng
<br /> City's risks in form subject to the approval of the City Attorney. The minimum amounts of
<br /> coverage corresponding to the aforesaid categories of insurance per insurable event shall
<br /> 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
<br /> bodily injury or disease.
<br />
<br /> Commercial General Liability $1,000,000.00 per occurrence,
<br /> $2,000,000.00 aggregate for
<br /> bodily injury, personal injury and
<br /> property damage.
<br />
<br /> Automobile Liability $1,000,000.00 per accident,
<br /> $2,000,000.00 aggregate for
<br /> bodily injury and property
<br /> damage (coverage required to the
<br /> extent applicable to Contractor's
<br /> vehicle usage in performing work
<br /> 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, committees,
<br />
<br />Agrnt-501 5
<br />F/sh/sh/RC/Council
<br />DES:rg
<br />07/16/01
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