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officers, employees, agents, and representatives as additional insured(s); (b) be primary
<br />and not contributory with respect to insurance or self-insurance programs maintained by
<br />the CITY; and (c) contain standard separation of insured's provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit
<br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
<br />the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be
<br />insured against liability for worker's compensation or to undertake self-insurance. Prior to
<br />commencing the performance of the work under this Agreement, CONSULTANT 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 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 of not
<br />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 CONSULTANT
<br />pursuant to this section:
<br />i. CONSULTANT shall maintain all insurance required above in full force and effect
<br />for the 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 by the CITY.
<br />iii. Certificates and policies shall state that the policies shall not be canceled or reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior
<br />written notice to the CITY.
<br />iv. CONSULTANT shall supply CITY with a fully executed additional insured
<br />endorsement.
<br />f 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 been
<br />procured and is in force and paid for, the CITY shall have the right, at the CITY's election,
<br />to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's
<br />right to be paid for its time and materials expended prior to notification of termination.
<br />CONSULTANT waives the right to receive compensation and agrees to indemnify the
<br />CITY for any 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
<br />harmless CITY, its officers, agents and employees (collectively, the "indemnified parties") from and
<br />against any and all claims (including, without limitation, claims for bodily injury, death or damage to
<br />property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
<br />penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and
<br />court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any
<br />work performed or services provided under this Agreement arising out of, relating to or pertaining to the
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