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Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />4. Insurance <br />Prior to undertaking performance of work under this Agreement, Vendor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Vendor shall maintain commercial general <br />liability insurance naming the City, its officers, agents, volunteers, and employees as additional <br />insureds) and shall include, but not be limited to protection against claims arising from bodily <br />and personal injury, including death resulting therefrom and damage to property, resulting from <br />any act or occurrence arising out of Vendor's operations in the performance of this Agreement, <br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the 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 occurrence. <br />Vendor shall supply City with a fully executed additional insured endorsement in substantially <br />the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in <br />form by the City Attorney. <br />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 Section 3300 <br />of the Labor Code, Vendor, if Vendor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Vendor agrees to obtain and maintain any <br />employer's liability insurance with limits no less than required by State law. <br />d. The following requirements apply to the insurance to be provided by Vendor pursuant <br />to this section: <br />(i) Vendor 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 />e. If Vendor 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. Such termination shall not effect Vendor's right to be paid for its time <br />and materials expended prior to notification of termination. Vendor waives the right to receive <br />compensation and agrees to indemnify the City for any work performed prior to approval of <br />2 <br />