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Consultant agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $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 less 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. <br />ii. Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved by the City. <br />iii. City of Santa Ana, its officers, employees, agents and representatives shall <br />be Additional Insureds with respect to General Liability and Auto Liability <br />Insurance is Primary and Non -Contributory. <br />iv. Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty <br />(30) days prior written notice to the City of cancellation with ten (10) days <br />prior notice for non-payment of premium in accordance with policy <br />provisions. <br />v. Certificates of insurance shall show the City as a certificate holder as <br />follows: <br />City of Santa Ana <br />Risk Management Division, 4`h Floor <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br />vi. Where the amounts or coverage provided by the certificates of insurance <br />provides coverage greater than those listed by this Agreement, the amounts <br />provided by the certificates of insurance shall be incorporated by reference <br />into the Agreement. <br />vii. Consultant shall supply City with a fully executed additional insured <br />endorsement. <br />If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not affect <br />Consultant's right to be paid for its time and materials expended prior to notification <br />of termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the <br />City. <br />#7832v2 <br />25D-8 <br />