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minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million <br /> Dollars ($2,000,000) aggrezn <br /> gate for public liability, property damage and personal injury. <br /> City shall be named as an additional insured and the insurance policy shall include a <br /> provision prohibiting modification of coverage limits or cancellation of the policy except <br /> upon thirty (30) days prior written notice to City. A certificate of insurance and <br /> endorsements shall be delivered to City prior to commencement of the Services. <br /> 5.4 Contractor shall secure and maintain in force throughout its performance of the Services <br /> business automobile liability coverage, with minimum limits of One Million Dollars <br /> ($1,000,000) per occurrence, combined single limit for bodily injury liability and <br /> property damage liability. This coverage shall include all Contractor owned vehicles <br /> used for the Services, hired and non-owned vehicles, and employee non-ownership <br /> vehicles. City shall be named as an additional insured and the insurance policy shall <br /> include a provision prohibiting modification of coverage limits or cancellation of the <br /> policy except upon thirty (30) days prior written notice to City. A certificate of insurance <br /> and endorsements shall be delivered to City prior to commencement of the Services. <br /> 5.5 Contractor shall indemnify, hold harmless and defend City and its elected officials, <br /> employees and agents from and against any and all claims, losses and liability, including <br /> attorneys' fees, arising from injury or death to persons or damage to property occasioned <br /> by any negligent or intentionally wrongful act or omission of Contractor, and its officers, <br /> employees and agents, in performing the Services. <br /> 5.6 Contractor is expressly prohibited from assigning any of the work associated with the <br /> Services without the prior written consent of City. In the event of agreement by the <br /> Parties to assign a portion of the Services, Contractor shall add the assignee as an <br /> additional insured to its insurance policies and provide City with the insurance <br /> endorsements prior to any work being performed by the assignee. Assignment does not <br /> include printing or other customary reimbursable expenses that may be provided for in <br /> this Agreement. <br /> ARTICLE 6 - GENERAL CONSIDERATIONS <br /> 6.1 In the event any action is commenced to enforce or interpret any of the terms or <br /> conditions of this Agreement the prevailing Party shall, in addition to any costs and other <br /> relief, be entitled to recover its reasonable attorneys' fees, including fees for the use of in- <br /> house counsel by a Party. <br /> 6.2 All documents, records, drawings, electronic data files and data base, photographic prints <br /> and negatives, desizn <br /> gns and specifications, cost estimates, and other documents developed <br /> by Contractor for the Services shall become the property of City and shall be delivered to <br /> City upon completion of the Services. <br /> 6.3 Contractor is, for all purposes under this Agreement, an independent contractor with <br /> respect to the performance of the Services and not an employee of City. All personnel <br /> employed by Contractor to perform the Services are for its account only, and in no event <br /> 4 <br /> I:%ca\djmlAgreements%Larry Jacinto Farming CPD 2004-I 5 24.16.doc <br />