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<br />SEP-05-2007-WED 12:58 PM Else <br /> <br />FAX No. 714 835 7330 <br /> <br />7. INSURANCE <br /> <br />Prior to undertaking performance of work under tbis Agreement, Contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br /> <br />, ' <br />I <br />I, <br />I <br />I' <br />i- <br /> <br />a. Commercial General Liability Insurance. Conttactor shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />. representatives as additional insured( s) and shall include, but not be limited to protection, against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage. <br />to property, resulting from any act or occurrence arising out of Contractor's operations in the <br />performance of this Agreement, including. without limitation, acts involving vehicles. The <br />amounts of insuranCe shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1.000,000 per occurrence. Contractor shall SUpply City with a fully executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit C upon <br />execution of this Agreement and shall be approved in form by the City Attorney. <br /> <br />I '. , <br /> <br />b. If Contractor is or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with a combined single limit of notjess '. <br />than $1,000,000 per claim. <br /> <br />c. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: . <br /> <br />(i) Contractor shall maintain all insurance req~d above in full force and <br />effect 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 writt~ notice to the City. <br /> <br />d. If Contractor fails or refuses to produce or maintain the insurance required by this: <br />section orJails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its <br />time and materials expended prior to notification of termination. Contractor waives the right to <br />receive compensation and' agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City- <br /> <br />8. INDEMNIFICATION <br /> <br />Contractor further agrees that he or she will indemnify and hold hannless from liability <br />City, its distributors, employees, licensees, partners, agents, advertisers, and any retailer against <br />any suit, claim, demand, proceeding, prosecution, recovery or penalty and any ~pense, <br /> <br />3 <br />