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7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, <br />in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, <br />and not officers or employees of City. <br />8. INSURANCE Prior to undertaking performance of work under this Agreement, Attorneys <br />shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Attorneys shall maintain commercial general <br />liability insurance, which shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Attomy's negligent operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) <br />name the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance <br />programs maintained by the City; and (c) contain standard separation of insured provisions. <br />b. Worker's Compensation Insurance. In accordance with California State law, <br />Attorneys, if Attorneys has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the performance of the work <br />under this Agreement, Attorneys agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />c. Attorneys shall provide to the City Attorney proof of Professional Liability (errors <br />and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, <br />and maintain such insurance throughout the term of this Agreement. <br />d. The following requirements apply to the insurance to be provided by Attorneys <br />pursuant to this section: <br />(i) Attorneys shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be on a form approved by the City. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />e. If Attorneys fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to terminate this <br />#33622v2 25J -4 <br />