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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 policy 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 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 />9.3 Comprehensive Automobile Liability. Comprehensive Automobile Liability <br />insurance is not required. <br />CONTRACT NUMBER 2007-00329 Page 4 <br />