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responsibility to provide legal representation, the selection of whom shall be subject to <br />City's and Agency's approval. <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 to indemnify City or Agency, or their boards, commissions, officers, <br />employees and agents against any responsibility or liability in contravention of Section <br />2782 of the California Civil Code. <br /> <br /> 5. Insurance. Developer shall require all contractors performing work on the <br />Work to indemnify the City and Agency as set forth above, and shall include the <br />language set forth in Section 4, modified to name the contractor as the indemnitor, in all <br />construction contracts for the Work. <br /> <br /> Developer shall maintain, or shall require all persons performing the Work, <br />including contractors and subcontractors, to obtain and maintain insurance of the types <br />and in the amounts described below in a form and with carriers satisfactory to City and <br />Agency: <br /> <br /> Insurance Cateaorv Minimum Limits <br /> <br /> Workers' Compensation statutory minimum <br /> <br /> Employer's Liability $1 million per accident for <br /> bodily injury or disease <br /> <br /> Commemial General Liability Occurrence version commemial <br /> general liability insurance or <br /> equivalent form with a limit of not <br /> less than $3 million (or as <br /> otherwise approved, in writing, by <br /> the City) each occurrence shall be <br /> maintained. If such insurance <br /> contains a general aggregate limit, <br /> it shall apply separately to this <br /> Agreement or be no less than two <br /> times the occurrence limit. <br /> <br /> Automobile Liability Business automobile liability <br /> insurance or equivalent form with <br /> a limit of not less than $3 million <br /> each accident shall be maintained. <br /> Such insurance shall include <br /> coverage for owned, hired and <br /> non-owned automobiles. <br /> <br />F:Atty/Ag r/Agr. 100 <br />021903 4 <br /> <br /> <br />