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Consultant represents and warrants that Consultant has the legal right to license any and all
<br />Documents & Data, Consultant makes no such representation and warranty in regard to
<br />Documents & Data which were provided to Consultant by the City City shall not be limited in
<br />any way in its use of the Documents and Data at any time, provided that any such use not within
<br />the purposes intended by this Agreement shall be at City's sole risk.
<br />7, INSURANCE
<br />Prior to underWcing performance of work under this Agreement, Consultant shall maintain
<br />and shall require its subconsultants, if any, to obtain and maintain insurance as described below;
<br />a, Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not
<br />be limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any
<br />act or occurrence arising out of Consultant's operations in the performance of tlis
<br />Agreement, including, without limitation, acts involving vehicles, The amounts
<br />of insurance shall be not less than the following; single Iimit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate, Such insurance shall (a) name the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s); (b) be primary with
<br />respect to insurance or self-insurance programs maintained by the City, and (c)
<br />contain standard separation of insureds provisions,
<br />b, Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence, Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles,
<br />c, Worker's Compensation Insurance, In accordance with the California Labor Code,
<br />Consultant, if Consultant has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance. Prior to
<br />commencing the performance of the work under this Agreement,, Consultant agrees
<br />to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident,
<br />d. If Consultant is or employs a licensed professional such as an architect or engineer;
<br />Professional liability(errors and omissions) insurance, with a combined single limit
<br />of not loss than $1,000,000 per claim with $2,000,000 in the aggregate,
<br />e. The following requirements apply to the insurance to be provided by Consultant
<br />pursuant to this section,
<br />(i) Consultant shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement.
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