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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 and/or 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 <br />P ropan es upply2 /24/14 <br />