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be primary and not contributory with respect to insurance or self - insurance programs maintained <br />by the City; and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self - insurance. Prior to commencing the <br />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 />d. 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 and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />e. 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. Contractor waives the right to <br />receive compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City. <br />7. INTIEMNIFICATION <br />To the fullest extent permitted by law, Contractor shall indemnify, defend and hold <br />harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from <br />and against any and all claims (including, without limitation, claims for bodily injury, death or <br />damage to property), demands, obligations, damages, actions, causes of action, suits, losses, <br />judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, <br />attorney's fees, disbursements and court costs) of every kind and nature whatsoever <br />(individually, a claim; collectively, "claims "), which may arise from or in any manner related <br />(directly or indirectly) to any work performed or services provided under this Agreement <br />(including, without limitation, defects in workmanship and /or materials) or Contractor's presence <br />or activities conducted performing the work (including the negligent aid /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 <br />acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein <br />shall be construed to require Contractor to indemnify the indemnified parties from any claim <br />arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity <br />25H -5 <br />