AMERICAN CEMETERY MAINTENANCE AND BURIAL

claims, costs, demands, causes of action, suits, losses, expenses, attorney's fees, or liability , arising from or jn any manner related to Contractor's (includes Contractor's employees, agents, or s ubcontractors) negligent act or omission, whether alleged or actual, regarding the se1vices performed or caused to be perfonned pw-suant to this Agreement and any amendments thereto. Contractor shall not however, be obligated to indemnify Indemnitees from Claims arising from the sole negligence or willful misconduct of Indemnitees. This indemnification includes any claim that services provided under this Agreement, or any too~ article or process used, constitute an infringement of any patent is ued by the United States. This indemnification provision shall swvive termination or cancellation of the Agreement. 5. Insurance. Dming the te1m of this Agreement Contractor shall maintain in full force and effect, at its own cost and expense insurance coverages with insurers with an A.M.Best's rating of no less than A: Vll. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below , or such greater or broader coverage for City, if available in the Contractor's policies: a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily i.njmy and property damage that provides that the City, its officers, employees and agents are named additional insureds under the policy as evidenced by an additional in ured endorsement sa6sfacto1y to the City Attorney within thirty (30) days of the execution of this agreement. The policy shall further state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for services perfonned by Contractor and its subcontractor , and that no other insurance effected by City or other named insured will be called on to cover a loss. b. Automobile Liability Insurance. In lieu of Automobile Liability Insurance Contractor shall maintain throughout the tem1 of this Agreement and provide the City with evidence (including the police Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As and if available under the policy. c. Workers' Compensation Insurance . Workers' Compensation T nsurance for all of the Contractor's employees shall be in strict compliance with State laws , including a waiver of subrogation and Employer's Liability Insurance with limit of at least $1,000,000. By signing this Agreement, Contractor is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insw-ed against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Docusign Envelope ID: B1A2B84F-219F-40B7-B41B-2FF5FEF8647B