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7. Indemnification. <br />7.1 Claims For Other Than Professional Liability. Contractor shall defend, save and <br />hold harmless the City of Eugene, its officers, agents and employees from all claims, <br />suits or actions of whatsoever nature, including intentional acts, resulting from or <br />arising out of the activities of Contractor or its subcontractors, agents or employees <br />under this agreement. <br />7.2 Claims for Professional Liability. Contractor shall defend, save and hold harmless <br />the City of Eugene, its officers, agents and employees from all claims, suits, or <br />actions of whatsoever nature resulting from or arising out of the professional <br />negligent acts, errors or omissions, whether alleged or actual, of Contractor or its <br />subcontractors, agents or employees in performance of professional services under <br />this agreement. <br />8. Insurance. Contractor shall maintain in force for the duration of this contract the insurance <br />coverages specified below. Each policy required by these provisions shall be written as a <br />primary policy, not contributing with or in excess of any coverage which City may carry. A <br />copy of each policy or a certificate satisfactory to City shall be delivered to City prior to <br />commencement of the Work. Unless otherwise specified, each policy shall be written on <br />an "occurrence" form with an admitted insurance carrier licensed to do business in the <br />state of Oregon and shall contain an endorsement entitling City to not less than 30 days <br />prior written notice of any material change, nonrenewal or cancellation. In the event the <br />statutory limit of liability of a public body for claims arising out of a single accident or <br />occurrence is increased above the combined single limit coverage requirements specified <br />below, City shall have the right to require Contractor to increase the Contractor's <br />coverages to the statutory limit for such claims and to increase the aggregate coverage to <br />twice the amount of the statutory limit. The adequacy of all insurance required by these <br />provisions shall be subject to approval by City's Risk Manager. Failure to maintain any <br />insurance coverage required by this contract shall be cause for immediate termination of <br />this contract by City. <br />8.1 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, with aggregate of $2,000,000, for bodily injury, personal <br />injury or property damage. Such policy shall contain a contractual liability <br />endorsement to cover Contractor's indemnification obligations under this contract. <br />The policy shall also contain an endorsement naming City as an additional insured, <br />in a form satisfactory to City, and expressly providing that the interest of City shall <br />not be affected by Contractor's breach of policy provisions. <br />8.2 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 a self-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 />Personal Services Contract (Architect and Engineer)--Page 3 <br />(Revised December 1997) <br />