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a. The permittee agrees to indemnify and save harmless the City of Phoenix and its elected or appointed officials, agents, boards, commissions, employees and representatives, hereinafter referred to as "indemnitee," from all suits, including attorneys’ fees and costs of litigation, actions, loss, damage, expense, cost or claims, of any character or any nature arising out of or in connection with any act or omission of the permittee, his agents and employees, and of any subcontractor, his agents and employees, in the course of the performance of the work under permit which results directly or indirectly in the injury to or death of any person or persons or the damage of any property of any person or persons, or on account of any act, claim or amount arising or recovered under workmen’s compensation law, or arising out of the failure of the permittee or those acting under permitted to conform to any statutes, ordinance, regulation, law or court decree. It is the intent of the permittee and the City of Phoenix that the indemnitee shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnitee, be indemnified by the permittee against all liability, losses and damages of any nature whatever for [or] on account of any injuries to or death of persons or damages to or destruction of property belonging to any person arising out of or in any way connected with the performance of this permit, regardless of whether or not the liability, loss or damage is caused by, or alleged to be caused in part by the negligence, gross negligence, or fault of the indemnitee. This indemnity provision of the permit shall be interpreted to require the permittee to indemnify for loss or damage caused by an indemnitee’s negligence and gross negligence or fault so long as the indemnitee’s negligence, gross negligence or fault was not the sole cause of the injury.

b. The permittee shall take out and maintain during the life of the permit workmen’s compensation insurance for all of his employees employed at the site of the project, and, in case any work is sublet, the permittee shall require the subcontractor similarly to provide workmen’s compensation insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the permittee. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the workmen’s compensation statute, the permittee shall provide, and shall cause each subcontractor to provide protection equal to that required by law for the protection of his employees not otherwise protected.

c. Except as hereinafter provided, any applicant for a permit shall, prior to the issuance of such permit, procure and deliver to the Planning and Development Director a certificate of insurance covering public liability and property damage issued by an insurance company authorized by the Insurance Department of Arizona to transact business in the State of Arizona, as shall protect the applicant or contractor and any subcontractor performing any work covered by the permit from claims for damages for personal injury, including death, as well as from claims for property damages which may arise from operations under this permit, or by anyone directly or indirectly employed by any of the foregoing. Such certificate shall contain coverage for explosions, collapse and underground operations.

d. The certificate may be placed on file for each individual permit or a blanket certificate may be filed for an extended period of time.

e. The policy limits of such liability insurance shall contain not less than the following limits of coverage:

1. Three hundred thousand dollars for death or bodily injury or loss sustained by any one person per occurrence.

2. Five hundred thousand dollars for death or bodily injury or loss sustained by more than one person per occurrence.

3. One hundred thousand dollars for loss sustained by damage or loss to property occasioned per occurrence.

f. This insurance policy shall not be cancelled or changed until ten days’ written notice of cancellation or change has been served on the Planning and Development Director.

g. The permittee shall maintain said insurance in full force and effect until all work is complete and the permit has been released.

h. No insurance policy shall be required as a condition precedent to the issuance of a permit to a resident owner of residential property where he proposes to perform construction in front of his own property, a county, a state, the national government, or a qualified self-insurer. (Ord. No. G-730, § 2; Ord. No. G-1994, § 2; Ord. No. G-2247, § 1; Ord. No. G-3313, § 1; Ord. No. G-5590, § 1, 2011)