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for owned, hired and non -owned automobiles.
<br />C. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for
<br />Workers Compensation or to undertake self- insurance. Prior to commencing the performance of the
<br />work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance
<br />with limits not less than One Million Dollars ($1,000,000.00) per accident.
<br />D. If Contractor is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single limit of not less than One
<br />Million Dollars ($1,000,000.00) per claim.
<br />E. The following requirements apply to the insurance to be provided by Contractor pursuant to this
<br />se 'on:
<br />ontractor shall maintain all insurance required above in full force and effect for the entire
<br />\\ r d covered by this Agreement.
<br />2. Certificates of Insurance shall be furnished to the City upon execution of this Agreement and
<br />shall be approved in form by the City Attorney.
<br />3. Certificates and policies shall state that the policies shall not be cancelled or reduced in
<br />coverage or changed in any other material aspect without thirty (30) days prior written notice to the City
<br />F. If Contractor fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force
<br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
<br />Such termination shall not affect Contractor's right to be paid for its time and materials expanded prior
<br />to notification of termination. Contractor waives the right to receive compensation and agrees to
<br />indemnify the City for any work performed prior to approval of insurance by the City.
<br />19 III IJId:4J,IJlla[9_AI[a]�
<br />Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees,
<br />Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
<br />death, and claims for property damage, which may arise from the direct or indirect operations of the
<br />Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
<br />which relates to the services described in Section 1 of this Agreement: and 2) from any claim that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of
<br />the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement
<br />applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
<br />alleged to have been suffered, by reason of the events referred to in this section or by reason of the
<br />terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
<br />harmless, and pay all cost for the defense of the City, including fees and costs for special counsel to be
<br />selected by the City, regarding any action by a third party challenging the validity of this Agreement, or
<br />asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
<br />personal or property rights arises by reason of the terms of, effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representative in any legal proceeding.
<br />VILCONFIDENTIALITY
<br />If Contractor receives from the City information which due to the nature of such information is
<br />reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or
<br />disclose such information except in the performance of this Agreement, and further agrees to exercise
<br />the same degree of care it uses to protect its own information of like importance, but in no event less
<br />than reasonable care. "Confidential information" shall include all nonpublic information. Confidential
<br />RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page l 31
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