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applicable withholding taxes. Provider is not an agent, representative or employee of City and <br />Provider shall have no authority to act on behalf of the City. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain <br />and shall require subcontractors, if any, to obtain and maintain insurance, as described below, for <br />the entire term of this Agreement, against claims for injuries to persons or damage to property <br />which may arise from or in connection with services, products and materials supplied. Total cost <br />of such insurance shall be borne by Provider. <br />a. Minimum Scope and Limit of Insurance <br />(1) Commercial General Liability (CGL). Insurance Services Office ("ISO") <br />Form CG 00 01 covering CGL on an "occurrence" basis, including products <br />and completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $1,000,000 per occurrence and <br />$2,000,000 aggregate. <br />(2) Sexual Abuse or Molestation Liability (SAML). If the work will include <br />contact with minors, and the CGL policy referenced above is not endorsed to <br />include affirmative coverage for sexual abuse or molestation, Provider shall <br />obtain and maintain a policy covering Sexual Abuse and Molestation with a <br />limit of no less than $1,000,000 per occurrence or claim. <br />(3) Broader Coverage. If the Provider maintains broader coverage and/or higher <br />limits than the minimums shown above, the City requires and shall be entitled <br />to the broader coverage and/or the higher limits maintained by the Provider. <br />Any available insurance proceeds in excess of the specified minimum limits of <br />insurance and coverage shall be available to the City. <br />b. Other Insurance Provisions <br />The above required insurance policies are to contain or be endorsed to contain the <br />following provisions: <br />(1) Additional Insured Status. The City, its officers, officials, employees, and <br />volunteers are to be covered as additional insureds on the CGL and AL policies, <br />above, with respect to liability arising out of work or operations performed by <br />or on behalf of the Provider including materials, parts, or equipment furnished <br />in connectionwith such work or operations. <br />(2) Waiver of Subrogation. Provider shall require its insurance company(ies) to <br />waive all rights of subrogation against City, its City Council, its officers, <br />officials, employees, agents, and volunteers for losses paid under the terms of <br />any policy which arise from work performed by Provider under this Agreement. <br />Page 3 of 10 <br />