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may be amended, except for the sole negligence or willful misconduct of City. This <br /> indemnification includes any claim that the materials or equipment provided under this <br /> Agreement, or any tool, article or process used in manufacture of such tools or equipment, <br /> constitutes an infringement of any patent issued by the United States. This entire <br /> indemnification provision shall survive termination or cancellation of this Agreement. <br /> 6. Insurance. During the term of this Agreement, Contractor shall maintain <br /> at its own cost and expense the following insurance coverage with insurers with an A.M. <br /> Best's rating of no less than A:VII: <br /> a. General Liability and 13odily Injury Insurance. Commercial <br /> general liability insurance with limits of at least $1,000,000 combined limit for bodily <br /> injury and property damage that provides that the City, its officers, employees and agents <br /> are named additional insureds under the policy. The policy shall state in writing either on <br /> the Certificate of Insurance or attached rider that this insurance will operate as primary <br /> insurance for work performed by Contractor and its subcontractors, and that no other <br /> insurance effected by City or other named insured will be called on to cover a loss. <br /> b. Automobile Liability Insurance. Automobile liability insurance <br /> with limits not Less than $1,000,000 per person/per occurrence. <br /> c. Workers' Compensation Insurance. Workers' Compensation <br /> Insurance for all of Consultant's employees, in strict compliance with State laws, <br /> including a waiver of subrogation and Employer's Liability Insurance with limits of at <br /> least $1,000,000. <br /> For services deemed public works, by signing this agreement, Contractor is certifying, <br /> pursuant to Section 1861 of the California Labor Code, that: "I am aware of the <br /> provisions of Section 3700 of the Labor Code which require every employer to be insured <br /> against liability for workers' compensation or to undertake self insurance in accordance <br /> with the provisions of that Code, and I will comply with such provisions before <br /> commencing the performance of the work of this Contract." <br /> d. Certificate of Insurance. Contractor shall file a certificate of <br /> insurance and endorsements with the City prior to the City's execution of this Agreement, <br /> certificate of insurance shall provide in writing that the insurance afforded by this <br /> certificate shall not be suspended, voided, canceled, reduced in coverage or in limits <br /> without providing thirty (30) days prior written notice by certified mail, return receipt <br /> requested, has been given to the City. In addition, the insured shall provide thirty (30) <br /> days prior written notice to the City of any suspension, cancellation, reduction of <br /> coverage or in limits, or voiding of the insurance coverage required by this agreement. <br /> The City reserves the right to require complete certified copies of policies. <br /> e. Subcontractors. Contractor shall include all subcontractors as <br /> insured under its polices or shall furnish separate certificates and endorsements for each <br /> 04/10 Page 2 of 4 <br />