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Section 10 Entire Agreement/Amendment This Agreement represents the entire <br />Agreement of the Parties as to the matters contained herein Any amendment of this Agreement <br />shall be effective only if it is in wntmg and signed by the Parties. <br />Section 11 Assignment This Agreement shall not be assigned without the pnor written <br />consent of City Any assignment, or attempted assignment, without such prior consent, shall be <br />null and void and, at the option of City, result in the immediate termination of this Agreement <br />Section 12 Insurance Contractor shall obtain and mamtam durmg the term of this <br />Agreement all insurance required by this Section and shall submit to City certificates of msurance <br />and appropriate endorsements evidencing that the insurance is in force and effect. Evidence of <br />such insurance shall be provided to City within fifteen (15) days of the Effective Date of this <br />Agreement, and pnor to commencement of any Services Acceptance of the certificates by City <br />shall not relieve Contractor of any of the insurance requirements contained herein, nor decrease <br />the liability of Contractor. <br />A If apphcable, workers' compensation and employer's hability insurance for its <br />employees throughout the term of this Agreement pursuant to Labor Code Sections 1860 and 3700, <br />and in amounts which satisfy statutory requirements <br />B Comprehensive and general habihty msurance with a carrier acceptable to City m <br />an amounts not less than One Million Dollars ($1,000,000) per occurrence and Two Million <br />Dollars ($2,000,000) aggregate for public habihty, property damage and personal injury Such <br />insurance shall not be cancelled unless thirty (30) days prior written notice is provided to City <br />C Except for workers' compensation and employer's liability insurance, City shall be <br />named as an additional insured on all policies and such insurance shall be primary and non- <br />contributing to any insurance or self-insurance maintained by City <br />Section 13. Attorneys' Fees. In the event any action is commenced to enforce or <br />mterpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any <br />costs or other relief, be entitled to recover its reasonable attorneys' fees, including fees for use of <br />m-house counsel by a Party <br />DLANDS <br />Paul T Banch, Mayor <br />ATTEST <br />e Donaldson, City Clerk <br />3 <br />CONTRACTOR <br />Dustin Fujiwara <br />L \ca\djm\Agreements\Dustin Fujiwara ICA.FY20 0134.docx.jn <br />