Agmt14 Pyro Spectaculars North, Inc

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9. Indemnification. Consultant will defend, indemnify and hold harmless City, Port of Redwood City, and their officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence or willful misconduct of City relating to those acts agreed to be performed by City in this Agreement. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section. The parties expressly agree that this section shall survive the expiration or early termination of the Agreement. 10. Insurance. Consultant shall 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 carrier is required to maintain an A.M. Best rating of not less than "A-: VII". 10.1. Coveraaes and Limits. Consultant, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. 10.1.1 Commercial General Liabilitv Insurance. Consultant shall maintain occurrence based coverage with limits not less than $5,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name the City, Port of Redwood City, Portside Investors, their officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. 10.1.2 Business Automobile Liabilitv Insurance. Consultant shall maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non-owned automobiles. REV:04-08-14 ML6 PYRO REV:12-2-13 GB ATTY/AGR/2014.011/PYRO SPECTACULARS NORTH INC Page 3 of 13