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drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br />shall require all subcontractors to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Consultant represents and warrants that Consultant has the legal right to license any and all <br />Documents & Data. Consultant makes no such representation and warranty in regard to <br />Documents & Data which were provided to Consultant by the City. City shall not be limited in <br />any way in its use of the Documents and Data at any time, provided that any such use not within <br />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, 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 ("CGL")- Insurance Services Office Form <br />CG 00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations property damage, bodily injury and person and advertising <br />injury with limits no less than $1,000,000 per occurrence. If a general aggregate <br />limit applies, either the general aggregate limit shall apply separately to this <br />projectilocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be <br />twice the required occurrence limit. <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 />C. 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 $2,000,000 per accident. <br />d. Professional liability (errors and omissions) insurance appropriate to the <br />Consultant's profession, with limits no less than $2,000,000 per occurrence or <br />claim, $2,000,000 aggregate. <br />e. If the Consultant, its agents, or subcontractors maintain broader coverage and/or <br />higher limits than the minimums shown above, City requires and shall be entitled <br />to the broader coverage and/or the higher limits maintained by the Consultant. Any <br />available insurance proceeds in excess of the specified minimum limits of insurance <br />and coverage shall be available to the City. <br />f. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to <br />contain, the following provisions: <br />Page 3 of 10 <br />