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<br /> officers, agents and employees, from and against any and all damages to property or
<br /> 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, agents and
<br /> employees, from any and all claims, demands, suits, actions or proceedings of any kind or
<br /> nature, including, but not by way of limitation, workers' compensation claims, resulting
<br /> from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
<br /> employees or subcontractors.
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<br /> B. CONTRACTOR shall indemnify and save harmless CITY, its
<br /> officers, agents and employees, from and against any and all damages to property or
<br /> 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, agents and
<br /> employees, from and against any and all claims, demands, suits, actions or proceedings
<br /> therefore, resulting from or arising out of the intentional or malicious acts of
<br /> CONTRACTOR, its employees or subcontractors.
<br /> VIII.
<br /> INSURANCE
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<br /> 1. Commercial General Liability. CONTRACTOR agrees to obtain and
<br /> keep in force during the term of this Agreement a policy of comprehensive commercial
<br /> public liability insurance insuring the State of California, CITY, and CONTRACTOR
<br /> against any liability for accident, injury or death arising out of or in consequence of this
<br /> Agreement. Such insurance shall be in an amount not less than One Million Dollars
<br /> ($1,000,000.00) for any injury to or death of any person or persons in any single accident or
<br /> occurrence. Said policy of comprehensive public liability insurance shall be endorsed to
<br /> provide to CITY and to the State of California, Employment Development Department, at
<br /> least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents,
<br /> employees, and volunteers, and the State of California, its officers, employees, and
<br /> volunteers as Additional Insured; and state that such coverage is primary to any other
<br /> coverage or self-insurance of the State of California and CITY (in substantially the form as
<br /> Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may
<br /> substitute a certificate of self-insurance.
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<br /> 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and
<br /> maintain, during the effective period of this Agreement, broad form automobile liability
<br /> coverage with a $1,000,000 limit unless reduced by CITY, which applies to both
<br /> owned/leased and non-owned automobiles used by CONTRACTOR employees or
<br /> participants in performance of this Agreement, or, in the event that CITY will not utilize
<br /> such owned/leased automobiles but intends to require employees, participants or other
<br /> agents to utilize their own automobiles in the performance of this Agreement,
<br /> CONTRACTOR shall secure and maintain on file from all such employees, participants, or
<br /> agents as self-certification of automobile insurance coverage. Governmental entities may
<br /> substitute a certificate of self-insurance.
<br /> 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth
<br /> in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as
<br /> set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and
<br /> keep in force during the term of this Agreement full Workers' Compensation insurance
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<br /> 25K-33
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