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5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Provider shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from any act or occurrence arising out of Provider's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. <br />Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, <br />including products and completed operations, property damage, bodily injury and personal <br />& advertising injury with limits no less than $1,000,000 per occurrence. If a general <br />aggregate limit applies, either the general aggregate limit shall apply separately to this <br />project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the <br />required occurrence limit. Such insurance shall (a) name the City, its officers, employees, <br />agents, volunteers and representatives as additional insured(s); (b) be primary and not <br />contributory with respect to insurance or self-insurance programs maintained by the City; <br />and (c) contain standard separation of insured's provisions. <br />b. Worker's Compensation Insurance. In accordance with California State law, Provider, <br />if Provider has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the performance of the <br />work under this Agreement, Provider agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />c. The following requirements apply to the insurance to be provided by Provider pursuant to <br />this section: <br />i. Consultant shall maintain all insurance required above in full force and effect for <br />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. Where the amounts or coverage provided by the certificates of insurance provides <br />coverage greater than those listed by this Agreement, the amounts provided by the <br />certificates of insurance shall be incorporated by reference into the Agreement. <br />V. Consultant shall supply City with a fully executed additional insured endorsement. <br />d. If Provider 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 <br />is in force and paid for, the City shall have the right, at the City's election, to terminate this <br />Agreement. Such termination shall not affect Provider's right to be paid for its time and <br />materials expended prior to notification of termination. Provider waives the right to receive <br />