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payment of losses and related investigations, claim administration and <br /> defense expenses. <br /> Concurrently with the execution of this Agreement, Contractor shall furnish <br /> City with certificates and copies of information or declaration pages of the <br /> insurance required hereunder and, with respect to evidence of commercial <br /> general liability and automobile liability insurance coverage, original <br /> endorsements: <br /> (a) Precluding cancellation or reduction in coverage before the expiration <br /> of thirty (30) days after City shall have received written notification of <br /> cancellation or reduction in coverage by first class mail, postage <br /> prepaid; <br /> (b) Providing that Contractor's insurance shall apply separately to each <br /> insured against whom claim is made or suit is brought, except with <br /> respect to the limits of the insurer's liability (cross liability <br /> endorsements); <br /> (c) Naming City, its Council, commissions, boards, committees, officers, <br /> employees and agents as additional insureds; and <br /> (d) Providing that Contractor's insurance shall be primary insurance <br /> relating to Contractor's work hereunder with respect to City, its <br /> Council, commissions, boards, committees, officers, employees and <br /> Agents, and further providing that any insurance or self-insurance <br /> maintained by City for itself, its Council, commissions, boards, <br /> committees, officers, employees and agents shall not be excess of <br /> Contractor's insurance and shall not be contributory with it. <br /> Contractor will defend, indemnify and hold harmless City and its officers, <br /> agents, employees and volunteers from and against all claims, damages, <br /> losses and expenses including attorney fees arising out of the <br /> perFormance of the Services, caused in whole or in part by the willful <br /> misconduct or any negligent act or omission of the Contractor, any <br /> subcontractor, anyone directly or indirectly employed by any of them or <br /> anyone for whose acts any of them may be liable, except where caused <br /> by the active negligence, sole negligence, or willful misconduct of City. <br /> 13. Miscellaneous. Contractor shall provide, on the execution of this <br /> Agreement, a good and sufficient corporate surety bond in the penal sum <br /> of one hundred percent (100%) of amount bid, which bond shall be <br /> conditioned upon the faithful perFormance of all work required to be <br /> pertormed by Contractor under this Agreement. Said bond shall be liable <br /> for any and all penalties and obligations which may be incurred by <br /> Contractor under this Agreement. Acceptance of the bond by the City is <br /> subject to the review and approval of the bond by the City Attorney's <br /> office. <br /> ATTY/AGR/2012.039/MCNABB <br /> REV:04-03-12 VR <br /> Page 4 of 16 <br />