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If the Recipient uses any form of self-insurance for workers compensation <br />in lieu of an insurance policy, it shall submit a certificate of consent to <br />self -insure in accordance with the provisions of Section 3700 of the Labor <br />Code. <br />2. INDEMNIFICATION AND INSURANCE: <br />The Contractor's obligations regarding indemnification of the State of California <br />and the requirements for insurance shall conform to the provisions in Section 2(a), <br />"Indemnification," and Section 2(b), "Insurance," of Section 2. <br />a. INDEMNIFICATION: <br />1. The Contractor shall defend, indemnify, and save harmless the <br />State, including its officers, employees, and agents (excluding <br />agents who are design professionals) from any and all claims, <br />demands, causes of action, damages, costs, expenses, actual <br />attorneys' fees, losses or liabilities, in law or in equity arising out of <br />or in connection with the Contractor's performance of this contract <br />for: <br />2. Bodily injury including, but not limited to, bodily injury, sickness or <br />disease, emotional injury or death to persons, including, but not <br />limited to, the public, any employees or agents of the Contractor, the <br />State, or any other contractor; and <br />3. Damage to property of anyone including loss of use thereof; caused <br />or alleged to be caused in whole or in part- by any negligent or <br />otherwise legally actionable act or omission of the Contractor or <br />anyone directly or indirectly employed by the Contractor or anyone <br />for whose acts the Contractor may be liable. <br />4. Except as otherwise provided by law, these requirements apply <br />regardless of the existence or degree of fault of the State. The <br />Contractor is not obligated to indemnify the State for Claims arising <br />from conduct delineated in Civil Code Section 2782 and to Claims <br />arising from any defective or substandard condition of the highway <br />that existed at or before the start of work, unless this condition has <br />been changed by the work or the scope of the work requires the <br />Contractor to maintain existing highway facilities and the Claim <br />arises from the Contractor's failure to maintain. The Contractor's <br />defense and indemnity obligation shall extend to Claims arising after <br />the work is completed and accepted if the Claims are directly related <br />to alleged acts or omissions by the Contractor that occurred during <br />25G-40 <br />