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<br />a. The Administrator agrees to indemnify, defend and hold harmless the City, and/or
<br />their respective officers, members, agents, and employees from any and all loss, liability, claim, demand,
<br />cause of action or suit, of any and every kind and description, arising or resulting from, or in any way
<br />connected with, Administrator's performance and/or non-performance of the Services required by this
<br />Agreement including, but not limited to, liability for inaccurate data, loss or dissemination of data, whether
<br />intentional or inadvertent, The Administrator shall, upon demand by the City, as applicable, and at its
<br />sole cost and expense, defend and provide attorneys acceptable to the City, as applicable, to defend the
<br />City, and/or their respective officers, officials, employees and agents from and against any and all loss,
<br />liability, claim, demand, cause of action or suit, of any and every kind and description, arising or resulting
<br />from, or in any way connected with, Administrator's performance and/or non-performance of the Services
<br />required by this Agreement. If the City provides its own defense against any such action or suit, the
<br />Administrator shall reimburse the City for all reasonable attorney fees and other costs incurred by the
<br />City.
<br />b. The Administrator agrees to indemnify, defend and hold harmless the City, and/or
<br />their respective officers, members, agents, and employees from any and all loss, liability, claim, demand,
<br />cause of action or suit, of any and every kind and description, arising or resulting from, or in any way
<br />connected with, any fines, fees, penalties or Medicare reimbursements required to be paid as a result of
<br />the Administrator's failure to timely report any Medicare -eligible judgments, awards, or settlements, or
<br />for failure to adequately protect Medicare's conditional or future medical payments.
<br />C. City agrees to defend any demand, claim, or legal action commenced against the
<br />Administrator regarding a matter or incident allegedly caused by or resulting from wrongful or negligent
<br />acts of their respective officers, employees, agents, or others engaged by the City, and to indemnify the
<br />Administrator against any liability, loss, cost, or damage, including attorney's fees, resulting there from.
<br />16. INSURANCE: The Administrator shall:
<br />a. Administrator shall procure and maintain for the duration of this Agreement insurance
<br />against claims for injuries to persons or damages to property which may arise from or
<br />in connection with Administrator's performance. The cost of such insurance shall be
<br />borne by Administrator. Failure to procure and/or maintain the proper insurance is
<br />grounds for termination of this Agreement.
<br />b. The Administrator shall maintain the following minimum insurance coverage:
<br />i. Commercial General Liability insurance in an amount no less than $1,000,000
<br />per occurrence with an aggregate of no less than twice the per occurrence limit.
<br />Such insurance shall be endorsed to name the City, and its respective officers,
<br />agents and employees as additional insureds.
<br />ii. Business Automobile Liability insurance in an amount no less than $1,000,000
<br />per accident. Such insurance shall include coverage for owned, hired and non -
<br />owned autos.
<br />iii. Workers' Compensation insurance meeting all statutory benefit requirements
<br />of the Labor Code of the State of California and Employers Liability insurance
<br />with a minimum limit of $1,000,000 each accident for bodily injury or disease.
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