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<br />9. INDEMNITY
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<br />Immigrant Defenders shall, to the fullest extent permitted by law, indemnify, protect,
<br />defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties")
<br />from all claims, demands, costs, or liability (including liability for claims, suits, actions, arbitration
<br />proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
<br />kind, interest, defense costs, and expert witness fees), but only in proportion and to the extent that
<br />such claims, demands, costs, or liabilities are caused by or result from the negligence, recklessness,
<br />or willful misconduct of Immigrant Defenders, its officers, employees, agents or volunteers, in the
<br />performance of services under this Agreement, excepting only liability arising from the sole
<br />negligence, active negligence, or intentional misconduct of City. If there is a possible obligation
<br />to indemnify, Immigrant Defenders' duty to defend exists regardless of whether it is ultimately
<br />determined that there is no obligation to indemnify. The existence or acceptance by City of the
<br />insurance policies or coverages described in this Agreement shall not affect or limit any of City's
<br />rights under this Section. This Section shall survive expiration or sooner termination of this
<br />Agreement.
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<br />10. INSURANCE REQUIREMENTS
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<br />During the entire term of this Agreement, Immigrant Defenders shall maintain the
<br />insurance coverage described in this Section. It is understood and agreed by the Immigrant
<br />Defenders that its liability to the City shall not in any way be limited to or affected by the amount
<br />of insurance coverage required or carried by the Immigrant Defenders in connection with this
<br />Agreement.
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<br />a. Commercial General Liability Insurance providing coverage on an occurrence basis
<br />for bodily injury, including death, of one or more persons, property damage, and
<br />personal injury, arising out of activities performed by or on behalf of the Immigrant
<br />Defenders, its sub-consultants, and subcontractors, products and completed
<br />operations of Immigrant Defenders, its sub-consultants, and subcontractors, and
<br />premises owned, leased, or used by Immigrant Defenders, its sub-consultants, and
<br />subcontractors, with limits of not less than one million dollars $1,000,000 per
<br />occurrence, $2,000,000 in the aggregate. The policy shall provide contractual
<br />liability and products and completed operations coverage for the term of the policy.
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<br />b. Automobile Liability Insurance providing coverage for bodily injury, including
<br />death, of one or more persons, property damage, and personal injury, with limits of
<br />not less than one million dollars ($1,000,000) per accident. The policy shall provide
<br />coverage for owned, non-owned, and/or hired autos as appropriate to the operations
<br />of the Immigrant Defenders.
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<br />c. Workers' Compensation Insurance with statutory limits, and Employers' Liability
<br />Insurance with limits of not less than one million dollars ($1,000,000). The
<br />Workers' Compensation policy shall include a waiver of subrogation in favor of the
<br />City.
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