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5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Instructor shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Instructor shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insureds) and shall include, but not be limited to protection against
<br />claims arising from bodily and personal injury, including death resulting therefrom and damage to
<br />property, resulting from any act or occurrence arising out of Instructor'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 bodily
<br />and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
<br />employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
<br />respect to insurance or self - insurance programs maintained by the City and (c) contain standard
<br />separation of insureds provisions.
<br />b. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3300 of the Labor Code, Instructor, if Instructor has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self - insurance. Prior to commencing
<br />the performance of the work under this Agreement, Instructor agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />c. The following requirements apply to the insurance to be provided by Instructor
<br />pursuant to this section:
<br />(i) 7nstructor 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 />d. If Instructor 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 Instructor's right to be paid for its
<br />time and materials expended prior to notification of termination. Instructor 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 />6. INDEMNIFICATION
<br />Instructor agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including health, and claims for property damage, which may arise from the
<br />direct or indirect operations of the Instructor or its contractors, subcontractors, agents, employees,
<br />or other persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
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