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B. Business automobile liability insurance, or equivalent form, with a combined single limit of not
<br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -
<br />owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with California state law, Consultant, if
<br />Consultant has any employees, is required to be insured against liability for worker's compensation or to
<br />undertake self-insurance. Prior to commencing the performance of the work under this Agreement,
<br />Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />D. The following requirements apply to the insurance to be provided by Consultant pursuant to this
<br />section:
<br />(i) Consultant shall maintain all insurance required above in full force and effect for the
<br />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 in form by the City Attorney.
<br />(iii) Certificates and policies shall state that the policies shall not be cancelled or reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior
<br />written notice to the City.
<br />E. If Consultant fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
<br />paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination
<br />shall not affect Consultant's right to be paid for its time and materials expended prior to notification of
<br />termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any
<br />work performed prior to approval of insurance by the City.
<br />INDEMNIFICATION
<br />To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City,
<br />its officers, agents and employees (collectively, the "indemnified parties") from and against any and all
<br />claims (including, without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs
<br />and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind
<br />and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any
<br />manner related (directly or indirectly) to any work performed or services provided under this Agreement
<br />(including, without limitation, defects in workmanship and/or materials) or Consultant's presence or
<br />activities conducted performing the work (including the negligent and/or willful acts, errors and/or
<br />omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors,
<br />subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable
<br />for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require
<br />Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful
<br />misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of
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