Laserfiche WebLink
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, OCCC, if OCCC has any employees, is required to be insured against <br />Irabil~ty for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this AGREEMENT, OCCC agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />d. The following requirements apply to the insurance to be provided by OCCC pursuant <br />to this section: <br />(i) OCCC shall maintain all insurance required above in full force and effect <br />for the entire period covered by this AGREEMENT. <br />(ii) Certificates of insurance shall be furnished to the CITY upon execution of <br />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 canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the CITY. <br />e. If OCCC fails or refuses to produce or maintain the insurance required by this section <br />or fails or refuses to furnish the CITY with required proof that insurance has been procured and <br />is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith <br />terminate this AGREEMENT. OCCC agrees to indemnify the CITY for any work performed <br />prior to approval of insurance by the CITY. <br />6. INDEMNIFICATION <br />OCCC agrees to and shall indemnify and hold harmless the CITY, its officers, agents, <br />employees, volunteers, special counsel, and representatives from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including health, and claims for property damage, which may arise from the <br />direct or indirect operations of OCCC or its contractors, subcontractors, agents, employees, or <br />other persons acting on their behalf which relates to the Projects. OCCC agrees to pay all costs <br />for the defense of the CITY and its officers, agents, employees, volunteers, special counsel, and <br />representatives regarding any action for damages, just compensation, restitution, judicial or <br />equitable relief caused or alleged to have been caused by reason of OCCC'S actions in <br />connection with the Project. OCCC further agrees to indemnify, hold harmless, and pay all costs <br />for the defense of the CITY, including fees and costs for special counsel to be selected by the <br />CITY, regarding any action by a third party asserting that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by <br />reason of the terms of, or effects arising from this AGREEMENT. CITY may make all <br />reasonable decisions with respect to its representation in any legal proceeding. <br />CONFIDENTIALITY <br />If either party receives from the other party information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, the receiving party <br />agrees that it shall not use or disclose such information except in the performance of this <br />AGREEMENT, and further agrees to exercise the same degree of care it uses to protect its own <br />