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<br />to commencing the performance of the work under this Agreement, Superintendent agrees to
<br />obtain and maintain any employer's liability insurance with limits not less than $1,000,000
<br />per accident.
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<br />c. The following requirements apply to the insurance to be provided by Superintendent
<br />pursuant to this section:
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<br />(i) Superintendent shall maintain all insurance required above in full force
<br />and effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution
<br />of this Agreement and shall be approved in form by the City Attorney.
<br />(iii) Certificates and policies shall state that the policies shall not be
<br />canceled or reduced in coverage or changed in any other material
<br />aspect without thirty (30) days prior written notice to the City.
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<br />d. If Superintendent fails or refuses to produce or maintain the insurance required by
<br />this section or fails or refuses to furnish the City with required proof that insurance has been
<br />procured and is in force and paid for, the City shall have the right, at the City's election, to
<br />forthwith terminate this Agreement. Such termination shall not effect Superintendent's right
<br />to be paid for its time and materials expended prior to notification of termination.
<br />Superintendent waives the right to receive compensation and agrees to indemnify the City for
<br />any work performed prior to approval of insurance by the City.
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<br />6. INDEMNIFICATION
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<br />a. Superintendent agrees to and shall indemnify, hold harmless and defend the City,
<br />its officers, agents, employees and representatives from every claim or demand made and
<br />every liability, loss, damage or expense, of any nature whatsoever, which may be incurred by
<br />reason of liability for (I) death or personal injury, (2) injury to, loss or theft of property, or
<br />(3) any other loss, damage or expense arising out of (I) or (2) above, sustained by the
<br />Superintendent or any person, firm or corporation employed by the Superintendent, either
<br />directly or by independent contract, upon or in connection with the services called for in this
<br />Agreement, however caused, but only in proportion to, and to the extent such liability, loss,
<br />damage or expense is caused by, or results from, the negligent or intentional acts or
<br />omissions of Superintendent, its officers, agents or employees.
<br />
<br />b. City agrees to and shall indemnify, hold harmless and defend Superintendent, the
<br />Orange County Board of Education and its officers, agents and employees from every claim
<br />or demand made and every liability, loss, damage or expense, of any nature whatsoever,
<br />which may be incurred by reason of liability for (I) death or personal injury, (2) injury to,
<br />loss or theft of property, or (3) any other loss, damage or expense arising out of (1) or (2)
<br />above, sustained by the City or any person, firm or corporation employed by the City, either
<br />directly or by independent contract, upon or in connection with the services called for in this
<br />Agreement, however caused, but only in proportion to, and to the extent such liability, loss,
<br />damage or expense is caused by, or results from, the negligent or intentional acts or
<br />omissions of City, its officers, agents, employees or representatives.
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