City of Eugene / State of Oregon - Dept. of Transportation <br />Agreement No. 25104 <br />b. Contractor shall indemnify, defend and hold harmless State and City and <br />their officers, employees and agents from and against all claims, suits, <br />actions, losses, damages, liabilities, costs and expenses of any nature <br />whatsoever resulting from, arising out of, or relating to the activities of <br />Contractor or its officers, employees, sub-contractors, or agents under the <br />contract. <br />c. Commercial General Liability. Contractor shall obtain, at Contractor's <br />expense, and keep in effect during the term of the Contract, Commercial <br />General Liability Insurance covering bodily injury and property damage in <br />a form and with coverages that are satisfactory to State and City. This <br />insurance shall include personal and advertising injury liability, products <br />and completed operations. Coverage may be written in combination with <br />Automobile Liability Insurance (with separate limits). Coverage shall be <br />written on an occurrence basis. If written in conjunction with Automobile <br />Liability the combined single limit per occurrence shall not be less than <br />$1,000,000 for each job site or location. Each annual aggregate limit shall <br />not be less than $2,000,000. <br />d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and <br />keep in effect during the term of the Contract, Commercial Business <br />Automobile Liability Insurance covering all owned, non-owned, or hired <br />vehicles. This coverage may be written in combination with the <br />Commercial General Liability Insurance (with separate limits). Combined <br />single limit per occurrence shall not be less than $1,000,000. <br />e. Additional Insured. The liability insurance coverage, except Professional <br />Liability, Errors and Omissions, or Workers' Compensation, if included, <br />required for performance of the Contract shall include State and City and <br />its divisions, officers and employees as Additional Insured but only with <br />respect to the Contractor's activities to be performed under the Contract. <br />Coverage shall be primary and non-contributory with any other insurance <br />and self-insurance. <br />f. Notice of Cancellation or Change. There shall be no cancellation, <br />material change, potential exhaustion of aggregate limits or non-renewal <br />of insurance coverage(s) without thirty (30) days written notice from the <br />Contractor or its insurer(s) to State and City. Any failure to comply with <br />the reporting provisions of this clause shall constitute a material breach of <br />the Contract and shall be grounds for immediate termination of the <br />Contract. <br />15. City certifies and represents that the individual(s) signing this Agreement has been <br />authorized to enter into and execute this Agreement on behalf of City under the <br />Page 5 of 11 <br />