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officers, agents and employees, from and against any and all damages to property or
<br />injuries to or death of any person or persons, including property and employees or agents of
<br />CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and
<br />employees, from any and all claims, demands, suits, actions or proceedings of any kind or
<br />nature, including, but not by way of limitation, workers' compensation claims, resulting
<br />from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
<br />employees or subcontractors.
<br />B. CONTRACTOR shall indemnify and save harmless CITY, its
<br />officers, agents and employees, from and against any and all damages to property or
<br />injuries to or death of any person or persons, including property and employees or agents of
<br />CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and
<br />employees, from and against any and all claims, demands, suits, actions or proceedings
<br />therefore, resulting from or arising out of the intentional or malicious acts of
<br />CONTRACTOR, its employees or subcontractors.
<br />VIII.
<br />INSURANCE
<br />1. Commercial General Liability. CONTRACTOR agrees to obtain and
<br />keep in force during the term of this Agreement a policy of comprehensive commercial
<br />public liability insurance insuring the State of California, CITY, and CONTRACTOR
<br />against any liability for accident, injury or death arising out of or in consequence of this
<br />Agreement. Such insurance shall be in an amount not less than One Million Dollars
<br />($1,000,000.00) for any injury to or death of any person or persons in any single accident or
<br />occurrence. Said policy of comprehensive public liability insurance shall be endorsed to
<br />provide to CITY and to the State of California, Employment Development Department, at
<br />least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents,
<br />employees, and volunteers, and the State of California, its officers, employees, and
<br />volunteers as Additional Insured; and state that such coverage is primary to any other
<br />coverage or self - insurance of the State of California and CITY (in substantially the form as
<br />Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may
<br />substitute a certificate of self - insurance.
<br />2. Automobile Liability Coverage. CONTRACTOR shall also obtain and
<br />maintain, during the effective period of this Agreement, broad form automobile liability
<br />coverage with a $1,000,000 limit unless reduced by CITY, which applies to both
<br />owned /leased and non -owned automobiles used by CONTRACTOR employees or
<br />participants in performance of this Agreement, or, in the event that CITY will not utilize
<br />such owned /leased automobiles but intends to require employees, participants or other
<br />agents to utilize their own automobiles in the performance of this Agreement,
<br />CONTRACTOR shall secure and maintain on file from all such employees, participants, or
<br />agents as self - certification of automobile insurance coverage. Governmental entities may
<br />substitute a certificate of self - insurance.
<br />3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth
<br />in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as
<br />set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and
<br />keep in force during the term of this Agreement full Workers' Compensation insurance
<br />IN
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