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Contractor makes no such representation and warranty in regard to Documents & Data, which <br />were provided, to Contractor by the City. City shall not be limited in any way in its use of the <br />Documents and Data at any time, provided that any such use not within the purposes intended by <br />this Agreement shall be at City's sole risk. <br />7. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. 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 be <br />limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any act <br />or occurrence arising out of Contractor's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The insurance <br />policy shall contain an exclusion for sexual molestation. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and <br />personal injury, including death resulting therefrom, and property damage, in the <br />total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such <br />insurance shall (a) name the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s); (b) be primary and not contributory with <br />respect to insurance or self-insurance programs maintained by the City; and (e) <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 />e. Worker's Compensation Insurance. In accordance with the California Labor Code, <br />Contractor, if Contractor 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 perfonmance of the work under this Agreement, Contractor 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 Contractor 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 />C. 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 fill force and <br />effect for the entire period covered by this Agreement. <br />Page 3 of 8 <br />9197000 <br />