AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.D. - Page 7 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. 17. Insurance. Performers 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 execution of the Performances by Performers or Performers' 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:VII." 17.1 Coverages and Limits. Performers, at their sole expense, shall maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney, approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Performers' indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Performers pursuant to this Agreement are adequate to protect Performers. If Performers believe that any required insurance coverage is inadequate, Performers will obtain such additional insurance coverage, as Performers deem adequate, at Performers' sole expense. 17.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 17.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage. 17.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Performers have no employees and provides, to City's satisfaction, a declaration stating this. Performers will provide a waiver of subrogation in favor of the City from their Worker's Compensation and Employer's Liability carrier. ATTY/AGR/2014.072/ZOPPE LIVE PERFORMANCE REV: 05-23-14 MLG Page 5 of 12