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EARTHEK INTERNATIONAL 1
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EARTHEK INTERNATIONAL 1
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Last modified
4/17/2015 12:53:46 PM
Creation date
6/8/2009 12:38:53 PM
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Contracts
Company Name
EARTHEK INTERNATIONAL
Contract #
N-2009-050
Agency
FINANCE & MANAGEMENT SERVICES
Expiration Date
9/30/2009
Insurance Exp Date
3/26/2010
Destruction Year
2014
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(f) Prior to undertaking performance of work under this Agreement, <br />EARTHTEK shall maintain and shall require its subcontractors, if any, to obtain and maintain <br />insurance as described below: <br />i. Commercial General Liability Insurance. EARTHTEK shall <br />maintain commercial general liability insurance naming the City, its respective officers, <br />employees, agents, volunteers and. representatives as additional insureds) and shall include, but <br />not be limited to protection against claims arising from bodily and persona] injury, including <br />death resulting therefrom and damage to property, including the Newhope Library and Learning <br />Center, resulting from any act or occurrence arising out of EARTHTEK'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. EARTHTEK shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit A upon <br />execution of this Agreement and shall be approved in form by the City Attorney. <br />ii. Worker's Compensation Insurance. In accordance with the <br />provisions of Section 3300 of the Labor Code, if EARTHTEK has any employees, it is required <br />to be insured against liability for worker's compensation or to undertake self insurance. Prior to <br />commencing the performance of the work under this Agreement, EARTHTEK agrees to obtain <br />and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. <br />iii. The following requirements apply to the insurance to be provided <br />by EARTHTEK pursuant to this section: <br />EARTHTEK shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />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 />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. <br />iv. If EARTHTEK fails or refuses to produce or maintain the <br />insurance required by this section or fails or refuses to furnish the City with required proof that <br />insurance leas been procured and is in force and paid for, the City shall have the right, at its <br />election, to forthwith terminate this Agreement. <br />(g) EARTHTEK shall not permit any mechanics', materialmen's or other <br />liens of any kind or nature ("Liens") to be filed or enforced against the Property in <br />connection with the installation, monitoring or removal of the Kilowatt Buster. <br />EARTHTEK shall indemnify, defend and hold harmless City from all liability for any and all <br />liens, claims and demands, together with costs of defense and. reasonable attorneys' fees, arising <br />from any Liens. City reserves the right, at any time and from time to time, to post and maintain <br />on the Property or any portion thereof, or on the improvements on the Property, any notices of <br />
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