a, Commercial General Liability Insurance, Contractor shall maintain commercial
<br />general liability insurance including the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s), but only to the extent same are indemnified herein,
<br />and shall include, but not be limited to protection against claims arising from bodily and
<br />personal injury, including death resulting therefrom and damage to property, resulting from any
<br />act or occurrence arising out of Contractor's operations in the performance of this Agreement,
<br />including, without limitation, acts involving vehicles, but only to the extent same are caused by
<br />the negligence or misconduct of Contractor, its agents or employees. The amounts of
<br />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 />b. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3300 of the Labor Code, Contractor, if Contractor 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, Contractor 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 Contractor
<br />pursuant to this section:
<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 shall state that the policies shall not be canceled
<br />or reduced in coverage without thirty (30) days prior written notice to
<br />the City.
<br />d. 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.
<br />6. INDEMNIFICATION
<br />Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers,
<br />agents, employees, Contractors, special counsel, and representatives from liability resulting from
<br />the following (but only to the extent same are caused by the negligence or misconduct of Contractor
<br />its agents or ernployees): (1) for personal injury, damages, just compensation, restitution, judicial
<br />or equitable relief arising out of clauns for personal injury, including health, and claims for
<br />property damage, which may arise from the direct or indirect 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; and (2) from any claim that
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