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Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain
<br />insurance as described below:
<br />
<br /> i. Commercial General Liability Insurance. Contractor shall
<br />maintain commercial general liability insurance naming the City, its respective officers,
<br />employees, agents, volunteers and representatives as additional insured(s) and shall include, but
<br />not be limited to protection against claims arising from bodily and personal injury, including
<br />death resulting therefrom and damage to property, resulting from any act or occurrence arising
<br />out of Contractor's operations in the performance of this Agreement, including, without
<br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the
<br />following: single limit coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000.00 per occurrence.
<br />Contractor shall supply the City with a fully executed additional insured endorsement in
<br />substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
<br />be approved in form by the City Attorney.
<br />
<br /> ii. The following requirements apply to the insurance to be provided
<br />by Contractor pursuant to this section:
<br />
<br />· Contractor shall maintain all insurance required above in full force and
<br /> effect for the entire period covered by this Agreement.
<br />· Certificates of insurance shall be furnished to the City upon execution
<br /> of this Agreement and shall be approved in form by the City Attorney.
<br />· Certificates and policies shall state that the policies shall not be
<br /> canceled or reduced in coverage or changed in any other material
<br /> aspect without thirty (30) days prior written notice to the City.
<br />
<br /> iii. If Contractor fails or refuses to produce or maintain the insurance
<br />required by this section or fails or refuses to furnish the City with required proof that insurance
<br />has been procured and is in force and paid for, the City shall have the right, at its election, to
<br />forthwith terminate this Agreement.
<br />
<br /> (e) Contractor shall not permit any mechanics', materialmen's or other liens
<br />of any kind or nature ("Liens") to be filed or enforced against the Property in connection with the
<br />Construction Staging. Contractor shall indemnify, defend and hold harmless City from all
<br />liability for any and all liens, claims and demands, together with costs of defense and reasonable
<br />attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at
<br />any time and from time to time, to post and maintain on the Property, or any portion thereof, or
<br />on the improvements on the Property, any notices of non-responsibility or other notice as may be
<br />desirable to protect the City against liability. In addition to, and not as a limitation of the City's
<br />other rights and remedies under this Agreement, should the Contractor fail, within ten (10) days
<br />of written request from the City, either to discharge any Lien or to bond for any Lien, or to
<br />defend, indemnify, and hold harmless City from and against any loss, damage, injury, liability or
<br />claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or
<br />discharge such Lien and any action or judgment related thereto and all costs, expenses and
<br />attorneys' fees incurred in doing so shall be paid to City, as applicable, by the Contractor upon
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<br />DOCSOC\872119¥2L22782.0022
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