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drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared <br />or caused to be prepared by Contractor under this Agreement ("Documents & Data"). <br />Contractor shall require all subcontractors to agree in writing that City is granted a non- <br />exclusive and perpetual license for any Documents & Data the subcontractor prepares under <br />this Agreement, Contractor represents and warrants that Contractor has the legal right to <br />license any and all Documents & Data. Contractor makes no such representation and warranty <br />in regard to Documents & Data which were provided to Contractor by the City. City shall not be <br />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 />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />Commercial General Liability Insurance. Contractor 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 Contractor's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of <br />insurance shall be not less than the following: single limit 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 <br />the aggregate. Contractor shall supply City with a fully executed additional <br />insured endorsement on a form approved by the City Attorney. <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall <br />include coverage for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, Contractor, if Contractor has any employees, is required <br />to be insured against liability for worker's compensation or to undertake self- <br />insurance. Prior to commencing the performance of the work under this <br />Agreement, Contractor agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />d. If Contractor is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and omissions) insurance, with a combined <br />single limit of not less than $1,000,000 per claim with $2,000,000 in the <br />aggregate. <br />e. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />(i) Contractor shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />#95440 <br />