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<br /> <br />© 2014 Crosslink Networks LLC, 1499 Doolittle Dr. San Leandro, CA 94577 Proprietary and Confidential <br />of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much <br />of the money due CLN under and by virtue of this Agreement as shall reasonably be considered <br />necessary by Customer, may be retained by Customer until disposition has been made of the claim <br />or suit for damages, or until CLN accepts or rejects the tender of defense, whichever occurs first. With <br />respect to third party claims against CLN, CLN waives any and all rights of any type to express or <br />implied indemnity against the Indemnitees. In the event that CLN or any employee, agent, or <br />subcontractor of CLN providing services under this Agreement is determined by a court of competent <br />jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment <br />in PERS as an employee of Customer, CLN shall indemnify, defend, and hold harmless Customer for <br />the payment of any employee and/or employer contributions for PERS benefits on behalf of CLN or its <br />employees, agents, or subcontractors, as well as for the payment of any penalties and interest on <br />such contributions, which would otherwise be the responsibility of Customer. <br /> <br />7. Insurance. Before fully executing this Agreement, CLN, at its own cost and expense, unless otherwise <br />specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by CLN and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, CLN shall provide proof satisfactory to Customer of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance <br />is in effect prior to beginning work to the Customer. CLN shall maintain the insurance policies required by this section throughout the term of this Agreement. CLN shall not allow any subcontractor to commence work on any subcontract until CLN has obtained all insurance required herein for the subcontractor(s) and provided <br />evidence that such insurance is in effect to Customer. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. CLN shall maintain all required insurance listed herein for the duration of this Agreement. <br />7.1 Workers’ Compensation. <br />7.1.1 General Requirements. CLN shall, at its sole cost and expense, maintain Statutory Workers’ <br />Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or <br />indirectly by CLN. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, CLN may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with <br />the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of Customer. <br />The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all <br />work performed by CLN, its employees, agendas, and subcontractors. <br />7.1.2 Submittal Requirements. To comply with Subsection 7.1, CLN shall submit the following: <br />a. Certificate of Liability Insurance in the amounts specified in this section; and <br />b. Waiver of Subrogation Endorsement as required by this section. <br />7.2 General Liability Insurance. <br />7.2.1 General Requirements. CLN, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial <br />General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not <br />be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement. <br />7.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance <br />Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering <br />comprehensive General Liability on an “occurrence” basis. No endorsement shall be attached limiting the coverage. <br />7.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: <br />a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.