<br />.
<br />
<br />.
<br />
<br />VIII. ASSIGNABILITY
<br />
<br />CONTRACTOR shall not assign nor transfer any interest in this Agreement,
<br />whether by assignment or novation, without the prior written consent of CITY;
<br />provided, however, that claims for money due or to become due CONTRACTOR
<br />from CITY under this Agreement may be assigned to a bank, trust company or
<br />other financial institution, or to a trustee in bankruptcy, without such approval.
<br />Notice of any such assignment or transfer shall be promptly furnished to CITY.
<br />
<br />IX. HOLD HARMLESS
<br />
<br />CONTRACTOR shall indemnify and save harmless CITY, its officers, employees,
<br />agents, representatives and volunteers from and against any and all damages to or
<br />for loss of use of property and for injuries to or death of any person or persons,
<br />including property and employees or agents of CITY, and shall defend, indemnify
<br />and save harmless CITY, its officers, employees, agents, representatives and
<br />volunteers from and against any and all claims, demands, suits, actions or
<br />proceedings of any kind or nature, including, but not by way of limitation, workers
<br />compensation claims and including attorney fees and reasonable expenses for
<br />litigation or settlement, resulting from or arising out of the negligent or wrongful
<br />acts, errors or omissions of CONTRACTOR, its officers, directors, employees,
<br />agents, subcontractors and suppliers arising out of CONTRACTOR's performance
<br />of this Agreement.
<br />
<br />X. INSURANCE
<br />
<br />CONTRACTOR shall obtain and maintain for the entire term of this Agreement
<br />comprehensive general public liability insurance, in companies acceptable to the
<br />City, authorized to issue such insurance in the State of California. Said
<br />insurance shall consist of the following:
<br />
<br />A. Commercial General Liabilitv. CONTRACTOR agrees to obtain and keep
<br />in force during the term of this Agreement a policy of comprehensive
<br />commercial public liability insurance insuring the State of California, CITY,
<br />and CONTRACTOR against any liability for accident, injury or death
<br />arising out of or in consequence of this Agreement. Such insurance shall
<br />be in an amount not less than One Million Dollars ($1,000,000.00) for any
<br />injury to or death of any person or persons in any single accident or
<br />occurrence. Said policy of comprehensive public liability insurance shall
<br />be endorsed to provide to CITY and to the State of California, Employment
<br />Development Department, at least thirty (30) days written notice prior to
<br />cancellation; name CITY, its officers, agents, employees, and volunteers,
<br />and the State of California, its officers, employees, and volunteers as
<br />additional insureds; and state that such coverage is primary to any other
<br />coverage or self-insurance of the State of California and CITY.
<br />Governmental entities may substitute a certificate of self-insurance.
<br />
<br />Page 9 of 14
<br />
|