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or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
<br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
<br />any tangible medium of expression, including but not limited to, physical drawings or data
<br />magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
<br />prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all
<br />subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for
<br />any Documents & Data the subcontractor prepares under this Agreement. Consultant represents
<br />and warrants that Consultant has the legal right to license any and all Documents & Data.
<br />Consultant makes no such representation and warranty in regard to Documents & Data which were
<br />provided to Consultant by the City. City shall not be limited in anyway in its use of the Documents
<br />and Data at any time, provided that any such use not within the purposes intended by this
<br />Agreement shall be at City's sole risk.
<br />6. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />and 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,
<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 Consultant'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 the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />and representatives as additional insured(s); (b) be primary and not contributory
<br />with respect to insurance or self-insurance programs maintained by the City; and
<br />(c) contain standard separation of insureds provisions.
<br />b. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3700 of the Labor Code, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability
<br />insurance with limits not less than $1,000,000 per accident.
<br />C. 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 />d. The following requirements apply to the insurance to be provided by Consultant
<br />pursuant to this section:
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