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<br />name the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the <br />City; and (c) contain standard separation of insureds provisions. <br /> <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage <br />for owned, hired and non-owned automobiles. <br /> <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Contractor agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />d. 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 required 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 written notice to the City. <br /> <br />e. If Contractor fails or refuses to produce or maintain the insurance required by this <br />section or fails 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 />6. INDEMNIFICATION <br /> <br />Contractor shall defend, indemnify and save harmless the City of Santa Ana, its officers, <br />agents and employees from liability for personal injury, damages, just compensation, restitution, <br />judicial or equitable relief arising out of claims for personal injury, including health, and claims <br />for property damage, which may arise from the negligent operations of the Contractor or its <br />contractors, subcontractors, agents, employees, or other persons acting on their behalf which <br />relates to the services described in section 1 of this Agreement. The Contractor further agrees to <br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs <br />for special counsel to be selected by the City, regarding any action by a third party asserting that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to <br />personal or property rights arises from services provided pursuant to this Agreement. City may <br />make all reasonable decisions with respect to its representation in any legal proceeding. <br /> <br />3 <br />