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<br />Contractor, subcontractors, laborers, and material suppliers. Progress payments and/or final
<br />payment may be withheld on account of defective work not remedied, claims filed, failure of
<br />Contractor to make payments properly to subcontractors or for labor, materials, or equipment,
<br />damages by another Contractor, or unsatisfactory prosecution of the work by Contractor, as
<br />determined by Subrecipient and the City.
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<br />III. INDEMNIFICATION AND INSURANCE
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<br />15. INDEMNIFICATION
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<br />Subrecipient shall indemnify, defend and save harmless City, its officers, employees, agents,
<br />representatives and volunteers from and against any and all damages to or for loss of use of property
<br />and for injuries to or death of any person or persons, including property and employees or agents of
<br />City, and shall defend, indemnify and save harmless City, its officers, employees, agents,
<br />representatives and 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 compensation
<br />claims and including attorney fees and reasonable expenses for litigation or settlement, resulting
<br />from or arising out of the negligent or wrongful acts, errors or omissions of Subrecipient, its
<br />officers, directors, employees, agents, subcontractors and suppliers arising out of Subrecipient's
<br />performance of this Agreement
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<br />16. INSURANCE
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<br />With respect to performance of work under this Agreement, Subrecipient shall require
<br />that its Contractor, and any subcontractors, maintain insurance as described below:
<br />
<br />(1) Workers' compensation insurance with statutory limits, and employer's liability
<br />insurance with limits of not less than $1,000,000 per accident.
<br />(2) Commercial general liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence. Such insurance shall
<br />name Subrecipient and the City of Santa Ana as additional insured in a form
<br />substantially the same as that of Exhibit B, attached hereto and incorporated
<br />herein.
<br />
<br />Contractor shall (a) furnish properly executed certificates of insurance to Subrecipient
<br />and the City prior to commencement of work under this Agreement, which certificates shall
<br />clearly evidence all coverage required above and provide that such insurance shall not be
<br />materially changed or terminated except on thirty (30) days' prior written notice to Subrecipient
<br />and the City; and (b) maintain such insurance from the time work first commences until
<br />completion of the work under this Agreement; and ( c) replace such certificates for policies
<br />expiring prior to completion of work under this Agreement.
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