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actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
<br />CONTRACTOR, its employees or subcontractors.
<br />C. Both parties to this Agreement shall agree to defend, indemnify, and hold
<br />harmless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost,
<br />and expense arising out of any liability or claim of liability, sustained or claimed to have been
<br />sustained, arising out of activities, or the performance or nonperformance of obligations under this
<br />Agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers.
<br />The provisions of this Article do not apply to any damage or losses caused solely by the negligence of
<br />the non - indemnifying party or any of its agents or employees.
<br />VIII.
<br />INSURANCE
<br />1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
<br />during the term of this Agreement a policy of comprehensive commercial public liability insurance
<br />insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
<br />death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
<br />less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
<br />any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
<br />endorsed to provide to CITY and to the State of California, Employment Development Department, at
<br />least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
<br />and volunteers, and the State of California, its officers, employees, and volunteers as Additional
<br />Insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
<br />California and CITY (in substantially the form as Exhibit I , Additional Insured Endorsement, attached
<br />hereto). Governmental entities may substitute a certificate of self - insurance.
<br />2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
<br />during the effective period of this Agreement, broad form automobile liability coverage with a
<br />$1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned
<br />automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
<br />in the event that CITY will not utilize such owned /leased automobiles but intends to require
<br />employees, participants or other agents to utilize their own automobiles in the performance of this
<br />Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
<br />agents as self - certification of automobile insurance coverage. Governmental entities may substitute a
<br />certificate of self - insurance.
<br />3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in
<br />California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
<br />California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
<br />tern of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
<br />participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
<br />cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
<br />participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
<br />California Labor Code Section 3350, et seq.
<br />4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
<br />insurance covering loss or damage to any and all Equipment provided to or purchased by
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