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8. Indemnification. Contractor shall indemnify and hold City, and its officers, agents and <br /> employees, harmless from and against all claims, actions, liabilities, costs, including attorney <br /> fees and other costs of defense, arising out. of or in any way related to the Services, <br /> Contractor's failure to strictly comply with any provision of the Contract or any. other actions <br /> or failure to act by Contractor and Contractor's employees, agents; officers and contractors. <br /> In the event any such action or claim is brought against City, Contractor shall, if City so <br /> elects and upon tender by City, defend the same at Contractor's sole cost and expense, <br /> promptly satisfy any judgment adverse to City or to City and Contractor, jointly, and <br /> reimburse City for any loss, cost, damage or expense, including attorney fees, suffered or <br /> incurred by City. City shall notify Contractor, within a reasonable time, of any claim, threat of <br /> claim or legal action subject to the provisions of this Section 8. <br /> 9. Insurance. Contractor shall have and maintain the insurance policies specified below. <br /> :Each policy of insurance shall be written as a primary policy, not contributing with or in <br /> excess of any coverage which City may carry. A copy of each policy or a certificate <br /> satisfactory to City shall be delivered to City prior to commencement of the Services. The <br /> adequacy of all insurance policies for compliance with this Section 9 shall be subject to <br /> approval by City's Risk Manager. Failure to maintain any insurance coverage required by <br /> the Contract shall be cause for immediate termination of the Contract by City. <br /> Unless otherwise specified, each policy shall be written on an "occurrence" form with an <br /> admitted insurance carrier licensed to do business in the state of Oregon; and shall contain <br /> an endorsement entitling City to not less than 30 days prior written notice of any material <br /> change, non-renewal or cancellation. In the event the statutory limit of liability of a public <br /> body for claims arising out of a single accident or occurrence is increased above the <br /> combined single limit coverage requirements specified below, City shall have the right to <br /> require that Contractor increase the coverage limits of all liability policies by the amount of <br /> the increase in the statutory limit. <br /> 9.1 Commercial General Liability. Contractor shall maintain a broad form commercial <br /> general liability insurance policy with coverage of not less than $1,000,000 combined <br /> single limit per occurrence, and as an annual aggregate, for bodily injury, personal <br /> injury or property damage. The policy shall have a contractual liability endorsement <br /> to cover Contractor's indemnification .obligations under the Contract. The policy shall <br /> also contain an endorsement naming City as an additional insured, in a form <br /> satisfactory to City, and expressly providing that the interest of City shall not be <br /> affected by Contractor's breach of po{icy provisions. <br /> 9.2 Workers' Compensation Insurance. Unless Contractor is exempt, Contractor shall <br /> comply with the Oregon Workers' Compensation law by qualifying as a carrier- <br /> insured employer or as aself-insured employer and shall strictly comply with all other <br /> applicable provisions of such law. Contractor shall provide City with such <br /> assurances as City may require from time to time that Contractor is in compliance <br /> with these Workers' Compensation coverage requirements and the Workers' <br /> Compensation law. <br /> 9.3 Comprehensive Automobile Liability. Comprehensive Automobile Liability <br /> insurance is not required. <br /> 9.4 Professional Liability. If Contractor is required to be licensed by the State of <br /> Oregon to perform the Services, Contractor shall maintain a professional liability <br /> <br /> CONTRACT NUMBER 20078-00329 Page 4 <br /> <br />