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writing that City is granted a non-exclusive and perpetual license for any Documents & Data the <br />subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has <br />the legal right to license any and all Documents & Data. Consultant makes no such representation and <br />warranty in regard to Documents & Data which were provided to Consultant by the City. City shall <br />not be limited in any way in its use of the Documents and Data at any time, provided that any such use <br />not within the purposes intended by this Agreement shall be at City's sole risk. <br />INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br />shall require its subcontractors, 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, volunteers <br />and representatives as additional insured(s) and shall include, but not be limited to <br />protection against claims arising from bodily and personal injury, including death <br />resulting therefrom and damage to property, resulting from any act or occurrence <br />arising out of Consultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of <br />$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) <br />name the CITY, its officers, employees, agents, volunteers and representatives as <br />additional insured(s); (b) be primary with respect to insurance or self-insurance <br />programs maintained by the CITY; and (c) contain standard separation of insureds <br />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 coverage <br />for owned, hired and non -owned automobiles. <br />Worker's Compensation Insurance. In accordance with the California Labor Code, <br />Consultant, if Consultant has any employees, is required to be insured against liability <br />for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and <br />maintain any employer's liability insurance with limits not less than $1,000,000 per <br />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 of <br />not less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />C. 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 effect <br />for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved by the City. <br />Page 3 of I I <br />