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The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. Indemnification Licensor shall indemnify, defend and hold harmless Customer, its officers, agents, employees, Licensors, special counsel, and representatives from any claim, demand, liability, judgment or expense arising out of Licensor's performance pursuant to this Agreement or from any claim that Licensor's services or products infringe a proprietary right, patent or copyright; provided however, Licensor shall not be obligated to indemnify and hold harmless Customer to the extent that such claim, demand, liability, judgment or expense results from Customer's sole negligence. Insurance Prior to undertaking performance of work under this Agreement, Licensor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Licensor shall maintain commercial general liability insurance naming the Customer, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Licensor shall supply Customer with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Licensor, if Licensor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Licensor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Reserved.