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<br />approve any and all subcontractors and subcontractors to be used by ImmDef in the performance <br />of this Agreement before ImmDef contracts with or otherwise engages any such subcontractors or <br />subcontractors. <br /> <br />8. RELATIONSHIP OF PARTIES <br /> <br />It is understood and agreed by and between the parties that ImmDef in the performance of <br />this Agreement, shall not act nor is it at any time authorized to act, as the agent or representative <br />of the City in any matter. ImmDef further agrees that it will not in any manner hold itself out as <br />the agent or representative of the City or act in such a fashion as would give the impression to a <br />reasonable person that ImmDef is acting in such a capacity. <br /> <br />9. INDEMNIFICATION <br /> <br />ImmDef agrees to defend, and shall indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of third party <br />claims for personal injury, including death, and claims for property damage, which may arise from <br />the negligent operations of ImmDef, its subcontractors, agents, employees, or other persons acting <br />on its behalf which relates to the services described in section 1 of this Agreement. City may make <br />all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding <br />the foregoing, to the extent ImmDef’ services are subject to Civil Code Section 2782.8, the above <br />indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise <br />out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of ImmDef. <br /> <br />10. INSURANCE REQUIREMENTS <br /> <br /> Prior to undertaking performance of work under this Agreement, ImmDef shall maintain <br />and shall require any subcontractors to obtain and maintain insurance as described below for the <br />entire Term of this Agreement against claims for injuries to persons or damage to property which <br />may arise from or in connection with services, products and materials supplied to City. Total cost <br />of such insurance shall be borne by ImmDef. <br />MINIMUM SCOPE AND LIMIT OF INSURANCE <br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 <br />covering CGL on an “occurrence” basis, including products and completed operations, <br />property damage, bodily injury and personal & advertising injury with limits no less than <br />$2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met <br />with primary and umbrella/excess insurance policies. <br />2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 <br />(any auto), with limits no less than $1,000,000 combined single limits. In the event <br />ImmDef does not maintain commercial automobile liability insurance, City will accept <br />evidence of personal automobile insurance. <br />3. Workers’ Compensation (WC): as required by the State of California, with Statutory <br />Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per