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5. Indemnification. Permittee will defend, indemnify and hold harmless City and its <br /> officers, agents, employees and volunteers from and against all claims, damages, losses and <br /> expenses, including attorney fees, arising out of the performance of the Services, caused in whole <br /> ' or in part by the willful misconduct or any negligent act or omission of the Permittee, any <br /> subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts <br /> any of them may be liable, except where caused by the sole negligence or willful misconduct of <br /> City. <br /> The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense <br /> City incurs or makes to or on behalf of an injured employee under the City's self-administered <br /> workers' compensation is included as a loss, expense or cost for the purposes of this section. <br /> The parties expressly agree that this section shall survive the expiration or early <br /> termination of the Permit. <br /> 6. Insurance. Permittee shall obtain and maintain for the duration of the Permit and <br /> any and all amendments, insurance against claims for injuries to persons or damage to property <br /> which may arise out of or in connection with performance of the Services by Permittee or <br /> Permittee's agents, representatives, employees or subcontractors. The insurance will be <br /> obtained from an insurance carrier that maintains an A.M. Best Rating of not less than A-:V. <br /> (a) Coverages and Limits. Permittee, at its sole expense, shall maintain the <br /> types of coverages and minimum limits indicated below, unless the City approves a lower <br /> amount. These minimum amounts of coverage will not constitute any limitations or cap on <br /> Permittee's indemnification obligations under this Permit. <br /> (i) Commercial General Liability Insurance with limits not less than <br /> $1,000,000 per occurrence. If the submitted policies contain aggregate <br /> limits, such limits will apply separately to the project or location that are the <br /> subject of this Permit or the aggregate will be twice the required per <br /> occurrence limit. The Commercial General Liability insurance policy shall <br /> ATIY/AGR/2014.078/REVOCABLE ENCROACHMENT PERMIT KAISER <br /> REV:05-28-14 VR <br /> Page 4 of 8 <br />