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less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include
<br />coverage for owned, hired and nonowned automobiles.
<br />Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, contractor is required to be insured against liability for Workers' Compensation or
<br />to undertake self - insurance. Prior to commencing the performance of the work under this
<br />contract, contractor agrees to obtain and maintain any employer's liability insurance with limits
<br />not less than One Million Dollars ($1,000,000) per accident.
<br />4. The following requirements apply to the insurance to be provided by contractor pursuant to this
<br />section:
<br />a. Contractor shall maintain all insurance required above in full force and effect for the
<br />entire period covered by this agreement.
<br />b. Certificates of insurance shall be furnished to the City upon execution of this contract
<br />and shall be approved in form by the City Attorney.
<br />C. Certificates and policies shall state that the policies shall not be canceled or reduced in
<br />coverage or changed in any other material aspect without thirty (30) days prior written
<br />notice to the City.
<br />5. If contractor fails or refuses to produce or maintain the insurance required by this section or fails
<br />or refuses to furnish the City with required proof that insurance has been procured and is in
<br />force and paid for, the City shall have the right, at the City's election, to forthwith terminate this
<br />contract. Such termination shall not affect contractor's right to be paid for its time and materials
<br />expended prior to notification of termination. Contractor waives the right to receive
<br />compensation and agrees to indemnify the City for any work performed prior to approval of
<br />insurance by the City.
<br />VIII. HOLD HARMLESS/ INDEMNIFICATION
<br />To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its
<br />officers, agents and employees (collectively, the "indemnified parties ") from and against any and all
<br />claims (including, without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
<br />costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of
<br />every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or
<br />in any manner related (directly or indirectly) to any work performed or services provided under this
<br />contract (including, without limitation, defects in workmanship andlor materials) or contractor's
<br />presence or activities conducted performing the work (including the negligent and /or willful acts, errors
<br />and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers,
<br />contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts
<br />they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be
<br />construed to require contractor to indemnify the indemnified parties from any claim arising from the sole
<br />negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed
<br />as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract.
<br />This indemnity shall apply to all claims and liability regardless of whether any insurance policies are
<br />applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided
<br />by the contractor.
<br />IX. NOTICE
<br />Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in
<br />writing and shall be deemed to be properly given if delivered in person or mailed by first class or
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