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6. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />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 subcontractors 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 />INSURANCE <br />A. Consultant shall procure and maintain for the duration of the agreement insurance <br />against claims for injuries to persons or damages to property, which may arise from <br />or in connection with the performance of the work hereunder by the Consultant, its <br />agents, representative or employees. Coverage shall be at least as broad as: <br />1) Commercial General Liability ("CGL") Insurance- Insurance Services Officer <br />Form CG 00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations, property damage, bodily injury, personal and advertising <br />injury with limits no less than $1,000,000 per occurrence. If a general aggregate <br />limit applies, either 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 <br />twice the required occurrence limit. <br />2) Automobile Liability Insurance- Insurance Services Office Form Number CA <br />0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 <br />(hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for <br />bodily injury and property damage. <br />3) Workers' Compensation Insurance- as required by the State of California, with <br />statutory limits and employer's liability insurance with limits of no less than <br />$1,000,000 per accident for bodily injury and disease. <br />4) Professional Liability Insurance (Errors and Omissions)- Consultant will maintain <br />professional liability insurance appropriate to their profession with limits no less <br />than $2,000,000 per occurrence or claim and $2,000,000 aggregate. <br />B. If the Consultant maintains broader coverage and/or higher limits than the minimums <br />shown above, the City requires and shall be entitled to the broader coverage and/or <br />the higher limits maintained by Consultant. Any available insurance proceeds in <br />Page 3 of 10 <br />