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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 California
<br />State law, Promoter, if Promoter has any employees, is required to be hasured against liability for
<br />worker's compensation or to undertake self- insurance. Prior to commencing the performance of
<br />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
<br />pursuant to this section:
<br />i. Promoter shall maintain all insurance required above in full force and effect for the
<br />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,
<br />iii, Certificates and policies shall state that the policies shall not be canceled or reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior written notice
<br />to the City; 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 this
<br />Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days
<br />prior to the expiration of any such policy, a signed and complete certification of insurance
<br />showing that coverage has been renewed, shall be filed with the City.
<br />v. If the certificate of insurance is in the name of the carnival Promoter it shall include
<br />the name of the City as additionally insured.
<br />E. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior
<br />to approval of insurance by the City.
<br />9. INDEMNIFICATION
<br />Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the
<br />City, its officers, agents, employees, special counsel, and representatives from liability, loss,
<br />damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial
<br />or equitable relief arising out of claims for personal injury, includuig death, and claims for
<br />property damage, which may arise from the direct or indirect operations of the Promoter or its
<br />operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf
<br />which relates to the services described in Section 1 and Exhibit A of this Agreement; and (2)
<br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and
<br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
<br />or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br />this Agreement or by reason of the terms of, or effects, arising from this Agreement. The
<br />Promoter further agrees to defend, indemnify, hold harmhess, and pay all costs for the defense of
<br />the City, including fees and costs for special counsel to be selected by the City, regarding any
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