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<br />to this Agreement and any amendments thereto. Contractor shall not, however, be obligated to <br />indemnify lndemnitees from Claims arising from the sole negligence or willful misconduct of <br />lndemnitees. This indemnification includes any claim that the materials or equipment provided under <br />this Agreement, or any tool, article or process used, constitutes an infringement of any patent issued by <br />the United States. This indemnification provision shall survive termination or cancellation of the <br />Agreement. <br /> <br />5. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost <br />and expense the following insurance coverage with insurers with an A.M. Best's rating of no less than <br />A:VIl: <br />a. General Liabilitv and Bodi1v Iniurv Insurance. Commercial genera11iability <br />insurance with limits of at least $1,000,000 combined limit for bodily injury and property damage that <br />provides that the City, its officers, employees and agents are named additional insureds under the policy <br />as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall <br />further state in writing either on the Certificate ofInsurance or attached rider that this insurance will <br />operate as primary 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 /> <br />b. Automobile Liabi1itv Insurance. Automobile liability insurance with limits not <br />less than $1,000,000 per person/per occurrence. <br /> <br />c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of <br />Contractor's employees shall be in strict compliance with State laws, including a waiver of subrogation <br />and Employer's Liability Insurance with limits of at least $1,000,000. <br /> <br />For work or services deemed public works, by signing this Agreement, Contractor is <br />certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of <br />Section 3700 of the Labor Code which require every employer to be insured against liability for <br />workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, <br />and I will comply with such provisions before commencing the performance of the work of this <br />Contract. " <br />d. Certificate of Insurance. Contractor shall file a certificate of insurance and <br />endorsements with the City prior to the City's execution of this Agreement. The certificate of insurance <br />shall provide in writing that the insurance afforded by this certificate shall not be suspended, voided, <br />canceled, reduced in coverage or in limits without providing thirty (30) days prior written notice by <br />certified mail, return receipt requested, has been given to the City. In addition, the insured shall provide <br />thirty (30) days prior written notice to the City of any suspension, cancellation, reduction of coverage or <br />in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to <br />require complete certified copies of policies. <br /> <br />e. Subcontractors. Contractor shall include all subcontractors as insured under its <br />policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated in this Agreement, including but not <br />limited to naming additional insureds. <br /> <br />Page 2 0[5 <br />