|
performance of the work under this AGREEMENT, OCCC agrees to obtain and maintain any
<br /> employer's liability insurance with limits not less than$1,000,000 per accident.
<br /> d. If OCCC is a licensed professional such as an architect or engineer: Professional
<br /> liability (errors and omissions) insurance, with a combined single limit of not less than
<br /> $1,000,000 per claim.
<br /> e. The following requirements apply to the insurance to be provided by OCCC pursuant
<br /> to this section:
<br /> (i) OCCC shall maintain all insurance required above in full force and effect
<br /> 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 /> f. If OCCC fails or refuses to produce or maintain the insurance required by this section
<br /> or fails or refuses to furnish the CITY with required proof that insurance has been procured and
<br /> is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith
<br /> terminate this AGREEMENT. OCCC agrees to indemnify the CITY for any work performed
<br /> prior to approval of insurance by the CITY.
<br /> 6. INDEMNIFICATION
<br /> OCCC agrees to and shall indemnify and hold harmless the CITY, its officers, agents,
<br /> employees, volunteers, special counsel, and representatives from liability: (1) for personal injury,
<br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br /> personal injury, including health, and claims for property damage, which may arise from the
<br /> direct or indirect operations of OCCC or its contractors, subcontractors, agents, employees, or
<br /> other persons acting on their behalf which relates to the Project; and (2) from any claim that
<br /> personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br /> reason of the terms of or effects arising from this AGREEMENT. OCCC agrees to pay all costs
<br /> for the defense of the CITY and its officers, agents, employees, volunteers, special counsel, and
<br /> representatives regarding any action for damages, just compensation, restitution, judicial or
<br /> equitable relief caused or alleged to have been caused by reason of OCCC'S actions in
<br /> connection with the Project, any claims arising out of this AGREEMENT, or any approval or
<br /> certification by the CITY relating to the Project. This indemnity and hold harmless agreement
<br /> applies to all claims for damages, just compensation, restitution, judicial or equitable relief
<br /> suffered, or alleged to have been suffered, by reason of the events referred to in this Section or
<br /> by reason of the terms of, or effects, arising from this AGREEMENT. OCCC further agrees to
<br /> indemnify, hold harmless, and pay all costs for the defense of the CITY, including fees and costs
<br /> for special counsel to be selected by the CITY, regarding any action by a third party challenging
<br /> the validity of this AGREEMENT, or asserting that personal injury, damages,just compensation,
<br /> restitution, judicial or equitable relief due to personal or property rights arises by reason of the
<br /> 3
<br />
|