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<br />VII. <br />HOLD HARMLESS <br /> <br />A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents <br />and employees, from and against any and all damages to property or injuries to or death of any person <br />or persons, including property and employees or agents of CITY, and shall defend, indemnify and save <br />harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or <br />proceedings of any kind or nature, including, but not by way of limitation, workers' compensation <br />claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its <br />employees or subcontractors. <br /> <br />B. CONTRACTOR shall indenmify and save harmless CITY, its officers, agents <br />and employees, from and against any and all damages to property or injuries to or death of any person <br />or persons, including property and employees or agents of CITY, and shall defend, indenmify and save <br />harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, <br />actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of <br />CONTRACTOR, its employees or subcontractors. <br /> <br />VIII. <br />INSURANCE <br /> <br />1. Commercial General Liabilitv. CONTRACTOR agrees to obtain and keep in force <br />during the term of this Agreement a policy of comprehensive commercial public liability insurance <br />insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or <br />death arising out of or in consequence ofthis Agreement. Such insurance shall be in an amount not <br />less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in <br />any single accident or occurrence. Said policy of comprehensive public liability insurance shall be <br />endorsed to provide to CITY and to the State of California, Employment Development Department, at <br />least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, <br />and volunteers, and the State of California, its officers, employees, and volunteers as additional <br />insureds; and state that such coverage is primary to any other coverage or self-insurance of the State of <br />California and CITY. Governmental entities may substitute a certificate of self-insurance. <br /> <br />2. Automobile Liabilitv Coverage. CONTRACTOR shall also obtain and maintain, <br />during the effective period of this Agreement, broad form automobile liability coverage with a <br />$1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned <br />automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, <br />in the event that CITY will not utilize such owned/leased automobiles but intends to require <br />employees, participants or other agents to utilize their own automobiles in the performance of this <br />Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or <br />agents as self-certification of automobile insurance coverage. Governmental entities may substitute a <br />certificate of self-insurance. <br /> <br />3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in <br />California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in <br />California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the <br />term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by <br /> <br />Page 13 of 18 <br />