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<br />. <br /> <br />. <br /> <br />agreed to be contractually, fully and completely responsible for <br />complying with all of the state of California's Motor Vehicle <br />Insurance laws, rules and regulations. To be more specific, this <br />includes having CONTRACTOR insure each and every CITY Solid Waste <br />collection and Recycling vehicle for auto liability and physical <br />damage, including both collision and comprehensive insurance. The <br />amount of auto liability insurance shall be not less than One <br />Hundred Million Dollars ($100,000,000.00) combined single limit, <br />covering auto bodily injury and property damage for owned, non- <br />owned and hired vehicles. Collision and Comprehensive coverage <br />shall be insured on an actual cash value basis. If the physical <br />damage insurance is insured on a loss-limit basis, the loss limit <br />shall be equal to or exceed the actual cash value of all of the <br />CITY Solid Waste collection and Recycling vehicles. Insurers shall <br />be currently rated by A.M. Best Company with a minimum rating at A <br />VII. The policy or policies shall contain severability of interest <br />clauses. so that the right and duties of the CITY are clearly <br />separate from CONTRACTOR's interests. The CITY, its officers, <br />agents and employees shall be additional insureds. CONTRACTOR will <br />verify to CITY that adequate funds are available to pay any <br />liability Self-Insured Retention, collision and comprehensive <br />deductibles, or other self-insurance plans approved by the CITY. <br />Ninety (90) days or more of prior notice for material change in <br />coverage, exclusions and conditions or cancellation will be <br />endorsed onto CONTRACTOR's policies in favor of the CITY. Loss <br />Payee endorsements or similar clauses will be endorsed onto <br />CONTRACTOR's property insurance policies protecting the CITY'S <br />Solid Waste collection and Recycling vehicles. Endorsements to all <br />policies with policy declaration pages will be required. <br />certificates of Insurance shall be provided prior to receiving <br />insurer policy endorsements. <br /> <br />(g) Indemnification: CONTRACTOR shall indemnify and save <br />harmless CITY, its officers and employees, against any and all <br />damages to property or injuries to or death of any person or <br />persons, including property and employees or agents of CITY and <br />shall defend, indemnify and save harmless CITY, its officers and <br />employees, from any and all claims, demands, suits, actions or <br />proceeding of any kind or nature, including, but not by way of <br />limitation, workers' compensation claims, of or by anyone <br />whomsoever, directly or indirectly caused by, or arising out of a <br />breach of a requirement of this Agreement by the CONTRACTOR or any <br />negligent or willful act or omission of CONTRACTOR or any negligent <br />or willful act or omission of the CONTRACTOR its employees or <br />subcontractors in the performance of this Agreement. CONTRACTOR <br />shall procure and maintain, at its own cost and expense, any <br />additional kinds and amounts of insurance which, in its own <br />judgment, may be necessary for its proper protection in the <br />performance of the work. Insurance coverage specified in this <br />Agreement shall in no way lessen or limit the terms of this <br />indemnification. <br /> <br />35 <br />