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by third parties to be the result of the negligent acts, errors or omissions or the willful
<br />misconduct of the Grantee, and Grantee's employees, subcontractors or other persons,
<br />agencies or firms for whom Grantee is legally responsible in connection with the execution of
<br />the work covered by this Agreement. Grantee shall have no duty to indemnify or hold harmless
<br />the City if claims, damages, liability, costs, expenses (including without limitation, attorney's
<br />fees) arise from the sole negligence or sole willful misconduct of the City subsequent to
<br />declaration by the Grantee. Grantee's obligations shall survive the termination of this
<br />Agreement.
<br />6.2. Grantee agrees to hereby fully release and forever discharge the City from any and all
<br />claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as
<br />"claims"), which are or may be related to or in any way connected with the negligence or willful
<br />misconduct of its officers, officials, employees, or agents in connection with the creation,
<br />painting, performance or installation of the Project hereunder.
<br />6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such
<br />claims and that City's right to indemnification shall extend to any such settlement, provided City
<br />has given notice of such claim and its intent to settle. City's right to indemnification is in addition
<br />to, and may be exercised independently of, any remedy held by City under this Agreement, at
<br />law or in equity. The indemnity provision set forth in this Agreement shall survive the termination
<br />or expiration of this Agreement indefinitely.
<br />7.lnsurance,
<br />7.1. Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described
<br />below,
<br />7.1.2. Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents, volunteers
<br />and representatives as additional insured(s) and shall include, but not be limited to
<br />protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence arising
<br />out of Consultant's operations in the performance of this Agreement, including, without
<br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the
<br />following: single limit coverage applying to bodily and personal injury, including death
<br />resulting therefrom, and property damage, in the total amount of $1,000,000 per
<br />occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully
<br />executed additional insured endorsement in substantially the form attached hereto as
<br />Exhibit C upon execution of this Agreement and shall be approved in form by the City
<br />Attorney.
<br />7.1.3. 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
<br />for owned, hired and non -owned automobiles.
<br />7.1.4. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be
<br />insured against liability for worker's compensation or to undertake self-insurance. Prior
<br />to commencing the performance of the work under this Agreement, Consultant agrees to
<br />65D-23
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