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Agency for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and Agency. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by Agency. 9. Other Consultants. The Agency reserves the right to employ other consultants in connection with the Services. 10. Indemnification. Except as to the sole negligence or willful misconduct of Agency, Consultant wilt defend, indemnify and hold Agency and the City of Redwood City, their officers, agents, volunteers and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney's fees, which arises out of, or is in any way connected with the performance of, the Services by Consultant or any of Consultant's employees, agents or subcontractors, notwithstanding that Agency or City may have benefited from their services. The duty of Consultant to indemnify and save harmless, as set forth herein, will include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained will be construed to require Consultant to indemnify against any responsibility or liability in contravention of Section 2782 of said Code. The Parties expressly agree that any payment, attorney's fee, costs or expense Agency incurs or makes to or on behalf of an !niured employee under the Agency's self- administered workers' compensation is inc!uded as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. 11. Insurance. Consultant will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V." 11.1 Covera.qes and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Agency Attorney or Executive Director approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. Agency, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by RDA Agreement over $10K 3 City Attorney Approved Version 090103