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approvals of whatever nature that are legally required to perform such work on the Project,
<br />and all such licenses and approvals shall be maintained throughout the term of their work on
<br />the Project. Company shall ensure that it and its consultants and contractor execute and
<br />maintain their work so as to avoid injury or damage to any person or property. In carrying out
<br />their work, they shall at all times be in compliance with all applicable local, state and federal
<br />laws, rules and regulations, and shall exercise all necessary precautions for the safety of
<br />employees appropriate to the nature of the work and the conditions under which the work is to
<br />be performed. Any employee who is determined by the City to be uncooperative,
<br />incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety
<br />of persons or property, or any employee who fails or refuses to perform his or her work in a
<br />manner acceptable to the City, shall be promptly removed from the Project.
<br />3.12 Indemnification. Company shall defend (with counsel of City's choice),
<br />indemnify and hold City, its officials, officers, employees and agents free and harmless from any
<br />and all claims, liabilities, losses, costs, expenses, damages or injuries to property or persons,
<br />including wrongful death, in any manner arising out of or incident to any acts, omissions or
<br />willful misconduct of Company, its officials, officers, employees, agents, consultants and
<br />contractors arising out of or in connection with this Agreement or the design, construction or
<br />installation of the Project, including without limitation, the payment of all consequential
<br />damages, attorneys fees and other related costs and expenses. At a minimum, this
<br />indemnification provision shall apply to the fullest extent of any warranty or guarantee implied
<br />by law or fact, or otherwise given to Company by Company's design consultant(s) or
<br />contractor(s) for the Project. In addition, this indemnity provision and any such warranties or
<br />guarantees shall not limit any liability under law of such consultants or contractors. Without
<br />limiting the foregoing, this indemnity shall extend to any claims arising because Company has
<br />failed to properly secure any necessary easements, land rights, contracts or approvals.
<br />3.13 Insurance.
<br />3.13.1 Requirement. Company shall require its contractors and subcontractors to
<br />procure and maintain, at their expense, until full and adequate completion of the Project,
<br />insurance against claims for injuries to persons or damages to property which may arise out of or
<br />in connection with the performance of their work or that of their agents, representatives,
<br />employees or subcontractors.
<br />3.13.2 Minimum Scope and Limits of Coverage. Such insurance shall be at least
<br />as broad as the latest version of the following: (1) General Liability: Insurance Services Office
<br />Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
<br />Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
<br />(3) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as
<br />required by the State of California and Employer's Liability Insurance; and (4) Builders'/All
<br />Risk. Builders'/All Risk insurance covering for all risks of loss (including earthquakes and
<br />floods if requested by Company). Such insurance shall have limits no less than: (1) General
<br />Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage (if
<br />Commercial General Liability Insurance or other form with a general aggregate limit is used,
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