Agmt14 Bureau Veritas North America Inc.

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subcontracts any of#he Services, Consuitant wili be fully responsible to Gityfar the acts and omissions of Cansultant's subcontractor and of the persons either dir,ectty ar indirectiy emp(ayed by the subcantractor, as Consultant is for the acks and omissions of persons directty emptoyed by Consul#ant, Nothing cantained in tfiis Agreement wiii create any contractual relationship between any subcontractor of Cansultant and City. Consultant wiil be responsibie for payment of subcantractors. Gonsul#ant witl bind every subcontractor and every subcantractor of a subcontractor by #he terms of this Agreement appiicable to Consultant's work unless specificaliy noted to the contrary in the subcontract and appraved in writing by City. 9. Other Cansultants. City reserves the righ# to employ other consuitants in conne�tfon with the Services. 10. Indemnificati�n. Consuitant witl defend, indemnify and hold harmisss City and its officers, agents, employees and volunteers from and against all ctaims, damages, losses and expenses inciuding attomey fees arising out of #he performance of the Services, caused in whole or in part by the wiliful misconduct or any negligent act ar omission of the Consultant, any subcontractor, anyone dir�ctly or indirectly employed by any af tfiem ar anyone for whose acts any of them may be liable, except where caused by the sole negiigence, or wiilfui misconduct of City. The Parties expressiy agree that any reasonable payment, attomey's fee, cost or expense Ci#y incurs or mak�s to ar on beha{f of an injured empioyse under the City's sei�-administered workers' campensation is inctuded as a loss, expense or cost for the purposes of this section. The parties expressCy agree that this section shall sunrive the expiration or ear�y termination of the Agreement. 11. Insurance. Consultant shail obtain and maintain for the dura#ion of the �greement and any and alt amendments, insurance against claims for injuriss to persons or damage to property which may arise out of or in connection wi#h performance of the S@NIC@S by Consuitan# or Consuitant's agents, representatives, employees or subcontractors. The insurance wiii be obtained from an insurance carrisr admitted and authorized ta do business in the State of Cafifamia. The insurance carrier is requtred to have a current Best's Key Rating of not less than "A-:V." 11.1 Coverasaes and Limits. Consultant, at its sole e�rense, shalt maintain the types of coverages and minimum limits indicated below, unfess the Risk Manager or City Manager, in cansuitatian with the City Rttomey, appraves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consuitant's indemnificatian obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation tha# the timits of the insurance speGified to be carried by Gonsultant pursuant to this Agreement are adequate ta protect Consultant. If Cc�nsultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional REV:12-17-13 VR Rage 3 of 13 ATTYlAGR.2413.2d6/Bureau Veritas North America,lnc.