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The City shall provide, or cause to be provided, and maintain at its sole <br />cost, property insurance in the amount of the value of the improvements on the <br />property where the Project is to be constructed on a replacement cost basis. The <br />insurance shall include the interest of the City, the Program Manager and its <br />agents. Such insurance shall be on an all-risk policy form. <br />5.5 Workers Compensation <br />Pursuant to California Labor Code Section 1861, Program Manager gives <br />the following certifications: Program Manger is aware of the provisions of <br />Section 3700 of the California Labor Code which require every employer to be <br />insured against liability for Worker's Compensation or to undertake self- <br />insurance in accordance with the provisions of that code, and Program Manager <br />will comply with such provisions (to the extent applicable) and cause the <br />Construction Manger and all Contractors to comply with such provisions before <br />commencing the performance of their respective Project work. <br />5. Section 6, INDEMNITY, shall be deleted in its entirety and replaced with the <br />following: <br />6.1 Program Manager shall indemnify, defend and hold harmless the City, its <br />officers, agents, employees, and volunteers from and against: <br />1. Any and all claims, actions, and proceedings relating to: <br />(1) any breach or default in the performance of, or the omission to <br />perform, any obligation on Program Manager's part under any term or <br />condition of the Agreement; and <br />(2) any negligent act or omission to act by Program Manager, Program <br />Manager's agents, Contractors, subconsultants, representatives, or <br />employees, relating to the performance of, or omission to perform, any <br />term or condition of the Agreement; and <br />(3) any liability of any nature, for or on account of any patented or <br />unpatented article, appliance or device used in the performance of the <br />Agreement; <br />2. All reasonable costs, attorneys' fees, expenses, and liabilities incurred in <br />the defense of any claim, action or proceeding brought pursuant to this <br />Section. <br />6.2 If any such claim, action, or proceeding is brought pursuant to Section 6.1 <br />against the City or the City's officers, agents, employees, or independent <br />contractors, Program Manager upon notice from the City, shall defend the same at <br />