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services performed or caused to be performed pursuant to this Agreement and any amendments thereto. <br /> Contractor shall not,however,be obligated to indemnify Indemnities from claims arising from the sole negligence <br /> or willful misconduct of Indemnities. This indemnification includes any claim that the materials or equipment <br /> provided under this Agreement, or any tool, article or process used, constitutes an infringement of any patent <br /> issued by the United States. This indemnification provision shall survive termination or cancellation of the <br /> Agreement. <br /> 5. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and expense the <br /> following insurance coverage with insurers with an A.M. Best's rating of no less than A:VII: <br /> a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of <br /> at least $1,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, <br /> employees and agents are named additional insured's under the policy as evidenced by an additional insured <br /> endorsement satisfactory to the City Attorney. The policy shall further state in writing either on the Certificate <br /> of Insurance or attached rider that this insurance will operate as .prima insurance for work performed by <br /> Contractor and its subcontractors, and that no other insurance effec d by City or other named insured will be <br /> called on to cover a loss. <br /> b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $1,000,000 <br /> per person/per occurrence. <br /> c. Workers' Compensation Insurance. Workers' C ensation Insurance for all of Contractor's <br /> employees shall be in strict compliance with State laws, including a waiver of subrogation and Employer's <br /> Liability Insurance with limits of at least $1,000,00QTh <br /> For work or services deemed public works, by si this Agreement, Contractor is certifying, pursuant to <br /> Section 1861 of the California Labor Code, that: ?rraviare of the provisions of Section 3700 of the Labor <br /> Code which require every employer to be insured against liability for workers'compensation or to undertake self- <br /> insurance in accordance with the provisionsbf that Code, and I will comply with such provisions before <br /> commencing the performance of the work of tliis onxract." <br /> d. Certificate of Insurance. Contract l file a certificate of insurance with the City prior to the City's <br /> execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The <br /> Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be <br /> suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance <br /> with California Insurance Code'se t1 n-667,712 which requires the notice of cancellation to: 1)include the effective <br /> date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the <br /> effective date of the cancellation,except that in the case of cancellation for nonpayment of premiums or for fraud, <br /> the notice shall be given no less than'10 days prior to the effective date of the cancellation. Notice shall be sent <br /> by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written <br /> notice to the City of any_cancellation,, suspension, reduction of coverage or in limits, or voiding of the insurance <br /> coverage required by ttnient. The City reserves the right to require complete certified copies of policies. <br /> e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish <br /> separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject <br /> to all of the requirements stated in this Agreement, including but not limited to naming additional insured's. <br /> f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its <br /> officers, employees and agents. <br /> 2 ' Page <br />