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7.1.D. - Page 7 <br /> With respect to third party claims against the Consultant, the Consultant waives <br /> any and all rights of any type of express or implied indemnity against the Indemnitees. <br /> However, notwithstanding the foregoing, in accordance with California Civil Code <br /> Section 1668, nothing in this Agreement shall be construed to exempt the City from its <br /> own fraud, willful injury to the person or property of another, or violation of law. <br /> Furthermore, notwithstanding the forgoing, to the extent this Agreement is a <br /> "construction contract" as defined by California Civil Code section 2783, as may be <br /> amended from time to time, such duties of Consultant to indemnify shall not apply when <br /> to do so would be prohibited by California Civil Code Section 2782. <br /> Nothing herein contained in this Agreement shall be construed to require <br /> Consultant to indemnify Indemnitees against any responsibility or liability in <br /> contravention of California Civil Code Section 2782.8. <br /> The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br /> expense City incurs or makes to or on behalf of an injured employee under the City's <br /> self-administered workers' compensation is included as a loss, expense or cost for the <br /> purposes of this section. <br /> The Parties expressly agree that this section shall survive the expiration or early <br /> termination of the Agreement. <br /> 11. Insurance. Consultant shall obtain and maintain for the duration of the <br /> Agreement and any and all amendments, insurance against claims for injuries to <br /> persons or damage to property which may arise out of or in connection with <br /> performance of the Services by Consultant or Consultant's agents, representatives, <br /> employees or subcontractors. The insurance will be obtained from an insurance carrier <br /> admitted or authorized to do business in the State of California. The insurance carrier is <br /> required to have a current Best's Key Rating of not less than "A-:V." <br /> 11.1 Coveraqes and Limits. Consultant, at its sole expense, shall maintain the <br /> types of coverages and minimum limits indicated below, unless the Risk Manager <br /> or City Manager, in consultation with the City Attorney, approves a lower amount. <br /> These minimum amounts of coverage will not constitute any limitations or cap on <br /> Consultant's indemnification obligations under this Agreement. City, its officers, <br /> agents, volunteers and employees make no representation that the limits of the <br /> insurance specified to be carried by Consultant pursuant to this Agreement are <br /> adequate to protect Consultant. If Consultant believes that any required <br /> insurance coverage is inadequate, Consultant will obtain such additional <br /> insurance coverage, as Consultant deems adequate, at Consultant's sole <br /> expense. <br /> ATTY/AGR/2013.164/URS PROFESSIONAL SERVICES AGR <br /> REV:09-26-13 VR <br /> Page 4 of 78 <br />