officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
<br />not contributory with respect to insurance or self-insurance programs maintained by the City; and (c)
<br />contain standard separation of insureds provisions. Promoter shall supply City with a fully executed
<br />additional insured endorsement in substantially the form attached as Exhibit B, upon execution of this
<br />Agreement and shall be approved in form by the City Attorney.
<br />B. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3300 of the Labor Code, Promoter, if Promoter has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance
<br />of the work under this Agreement, Promoter agrees to obtain and maintain any employer's liability
<br />insurance with limits not less than $1,000,000 per accident.
<br />D. The following requirements apply to the insurance to be provided by Promoter pursuant to
<br />this section:
<br />i. Promoter shall maintain all insurance required above in full force and effect for
<br />the entire period covered by this Agreement,
<br />ii, Certificates of insurance shall be furnished to the City upon execution of this
<br />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 or
<br />reduced in coverage or changed in any other material aspect without thirty (30)
<br />days prior written notice to the Cfty; and shall state as follows:
<br />"The above detailed coverage is not subject to any deductible or
<br />self - insured retention, or any other,form of similar type limitation,"
<br />iv. A complete and signed certificate of insurance with all endorsements required by
<br />this Section shall be 'filed with City prior to the execution of this Agreement. At
<br />least thirty (30) days prior to the expiration of any such policy, a signed and
<br />complete certification of insurance showing that coverage has been renewed,
<br />shall be filed with the City.
<br />V. If the certificate of insurance is in the name of the carnival Promoter it shall
<br />include the name of the carnival promoter as additionally insured.
<br />B. If Promoter fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
<br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
<br />Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City.
<br />1.0, INDEMNIFICATION
<br />Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its
<br />officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or
<br />cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising
<br />out of claims for personal injury, including death, and claims for property damage, which may arise from
<br />the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described in Section land
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