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DocuSign Envelope ID: A2EA8056-551F-4254-A48C-1DF6CF8C4B95 <br />VII. <br />HOLD HARMLESS <br />A. CONTRACTOR shall indemnify and save harmless CITY, its officers, <br />agents and employees, from and against any and all damages to property or injuries to or death of <br />any person or persons, including property and employees or agents of CITY, and shall defend, <br />indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, <br />demands, suits, actions or proceedings of any kind or nature, including, but not by way of <br />limitation, workers' compensation claims, but only in proportion to and to the extent resulting from <br />or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or <br />subcontractors. <br />B. CONTRACTOR shall indemnify and save harmless CITY, its officers, <br />agents and employees, from and against any and all damages to property or injuries to or death of <br />any person or persons, including property and employees or agents of CITY, and shall defend, <br />indemnify and save harmless CITY, its officers, agents and employees, from and against any and <br />all claims, demands, suits, actions or proceedings therefore, but only in proportion to and to the <br />extent resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its <br />employees or subcontractors. <br />VHL <br />INSURANCE <br />1. Commercial General Liability. CONTRACTOR agrees to obtain and keep <br />inforce during the term of this Agreement the program of self-insurance described at <br />https://www.ucop.edu/risk-services-insurance/ files/certificate-of-insurance/uc-generic-cert-of- <br />self-insurance-2020-21.pdf, in full satisfaction of the requirements of this Section. <br />2. Workers' Compensation. If CONTRACTOR is an "employer", as set forth <br />in California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth <br />in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force <br />during the term of this Agreement full Workers' Compensation insurance coverage for injuries <br />suffered by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days <br />written notice of cancellation or modification Participants shall not be deemed employees of <br />Contractor nor covered by medical and accident insurance by Contractor. <br />3. Proof of Insurance. Certificates and endorsements must be submitted and <br />approved by CITY prior to any work under this Agreement. CONTRACTOR understands that <br />CITY will make no payments under this Agreement until the required certificates and <br />endorsements have been approved by CITY. <br />Page 11 of 17 <br />