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VIl.
<br />HOLD HARMLESS
<br />A. CONTRACTOR shall indemnify and save harmless CITY, its officers,
<br />agents and employees, from and against any and all damages to property or injuries to or death of
<br />any person or persons, including property and employees or agents of CITY, and shall defend,
<br />indemnify and save harmless CITY, its officers, agents and employees, from any and all claims,
<br />demands, suits, actions or proceedings of any kind or nature, including, but not by way of
<br />limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors
<br />or omission of CONTRACTOR, its employees or subcontractors.
<br />B. CONTRACTOR shall indemnify and save harmless CITY, its officers,
<br />agents and employees, from and against any and all damages to property or injuries to or death of
<br />any person or persons, including property and employees or agents of CITY, and shall defend,
<br />indemnify and save harmless CITY, its officers, agents and employees, from and against any and
<br />all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the
<br />intentional or malicious acts of CONTRACTOR, its employees or subcontractors.
<br />VIIl.
<br />INSURANCE
<br />1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in
<br />force during the tern of this Agreement a policy of comprehensive commercial general liability
<br />insurance insuring the State of California, CITY, and CONTRACTOR against any liability for
<br />accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall
<br />be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of
<br />any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate
<br />coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide
<br />to CITY and to the State of California, Employment Development Department, at least thirty (30)
<br />days written notice prior to cancellation; name CITY, its officers, agents, employees, and
<br />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
<br />of California and CITY (in substantially the form as Exhibit I, Additional Insured Endorsement,
<br />attached hereto). Governmental entities may substitute a certificate of self-insurance.
<br />2. 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
<br />the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered
<br />by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice
<br />of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for
<br />those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant
<br />to California Labor Code Section 3350, et seq.
<br />Page 11 of 17
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