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Section 5. Indemnification. Subrecipient agrees to indemnify, defend (with counsel <br />reasonably approved by COUNTY) and hold harmless COUNTY and its authorized officers, <br />employees, agents and volunteers from any and all claims, actions, losses, damages, and/or <br />liability arising out of this Contract from and cause whatsoever, including the acts, errors or <br />omissions of any person and for any costs or expenses incurred by COUNTY on account of any <br />claim therefore, except where such indemnification is prohibited by law. This indemnification <br />provision shall apply regardless of the existence or degree of fault of indemnitees. <br />Subrecipient shall indemnify, defend and hold harmless COUNTY and its respective authorized <br />officers, employees, agents and volunteers from any liability, claims, losses, demands, and <br />actions incurred by COUNTY as a result of the determination by HUD or its successor that <br />activities under taken by each of Subrecipient under the program(s) fail to comply with any laws, <br />regulations or policies applicable thereto or that any funds billed by and disbursed to <br />Subrecipient under this Contract were improperly expended. This Section shall survive the <br />termination of this Contract. <br />Section G. Insurance. Subrecipient shall not commence any Program Activities under <br />this Agreement until it has obtained all insurance required hereunder with a company or <br />companies acceptable to City, nor allow any of its subcontractors to commence any Activities for <br />the Program until all insurance required of Subrecipient and its subcontractor have been <br />obtained. Without in any way affecting the indemnity herein provided and in addition thereto, <br />Subrecipient shall secure and maintain throughout the Contract the following types of insurance <br />with limits as shown during the term of this Agreement as follows: <br />A. Worker's Compensation Insurance. Subrecipient shall furnish to City a copy of <br />its policy of insurance as proof of Workers' Compensation insurance or a state -approved Self - <br />Insurance Program in an amount and form to meet all applicable requirements of the Labor Code <br />of the State of California, including Employers' Liability with $250,000 limits covering all <br />persons, including volunteers providing services on behalf of Subrecipient, and all risks to such <br />persons under this Contract. <br />If Subrecipient has no employees, it may certify or warrant to COUNTY that it does not <br />currently have any employees or individuals who are defined as "employees" under the Labor <br />Code and may request a waiver by the COUNTY's Risk Management Division for the <br />requirement for Workers' Compensation Insurance. Waiver approval is at the sole discretion of <br />the COUNTY's Director of Risk Management on a case -by -case basis. <br />With respect to Subrecipients that are non-profit corporations organized under California or <br />federal law, volunteers for such entities are required to be covered by Workers' Compensation <br />Insurance. <br />B. Commercial/General Liability Insurance — Subrecipient shall carry General <br />Liability Insurance covering all operations performed by or on behalf of Subrecipient providing <br />coverage for bodily injury and property damage with a combined single limit of not less than <br />$1,000,000, per occurrence. The policy coverage shall include: premises operations and mobile <br />equipment; products and completed operations; broad form property damage (including <br />completed operations); explosion, collapse, and underground hazards; personal injury; <br />contractual liability; $2,000,000 general aggregate limit. Certificates of insurance and <br />endorsements shall be delivered to the City prior to commencement of the Program. <br />Page 5 of 14 <br />