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<br />6/10/06 les <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 Liability. 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 insured; 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 />B. Automobile Liability Coveraqe. CONTRACTOR shall also obtain and <br />maintain, during the effective period of this Agreement, broad form <br />automobile liability coverage with a $1,000,000 limit unless reduced by <br />CITY, which applies to both owned/leased and non-owned automobiles <br />used by CONTRACTOR employees or participants in performance of this <br />Agreement, or, in the event that CITY will not utilize such owned/leased <br />automobiles but intends to require employees, participants or other agents <br />to utilize their own automobiles in the performance of this Agreement, <br />CONTRACTOR shall secure and maintain on file from all such employees, <br />Page 9 of 14 <br />