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Agreement. Consultant represents and warrants that Consultant has the legal right to license any <br />and all Documents & Data. Consultant makes no such representation and warranty in regard to <br />Documents & Data which were provided to Consultant by the City, provided however that <br />Consultant shall be entitled to rely on all information, data, reports and other materials provided <br />by the City. The information contained in documents prepared by Consultant in the course of <br />providing services under the terms of this Agreement is for the sole use of the City in accordance <br />with the purpose of this Agreement hereunder. The Del iverables are not for a third party's benefit <br />or reliance, and Consultant disclaims any contractual or other responsibility or duty of care to <br />others based upon the Services, Work Product or Deliverables. Any Work Product, Deliverables, <br />or documents delivered by Consultant shall be released only in accordance with the California <br />Public Records Act or with the prior written permission of Consultant. Except to the extent <br />expressly provided hereto to the contrary, no third -party beneficiaries are intended under this <br />Agreement. <br />Consultant shall retain sole and exclusive ownership of and all right, title and interest in <br />and to any know-how, concepts, techniques, methodologies, ideas, processes, models, templates, <br />tools, utilities, routines and trade secrets of Consultant that existed prior to this engagement or that, <br />to the extent they are of general application, may have been discovered, created or developed by <br />Consultant as a result of its own efforts during this engagement (collectively, the "Consultant <br />Property"). The City shall acquire no rights or interest in the Consultant Property, except for a <br />non-exclusive, non-transferrable, royalty -free right to use such Consultant Property solely in <br />connection with any deliverable or work product to the extent any Consultant Property is <br />incorporated therein. The City will not sublicense or otherwise grant any other party any rights to <br />use, copy or otherwise exploit or create derivative works from the Consultant Property. <br />Consultant's work papers are not part of the Deliverables and shall remain the confidential <br />property of Consultant in accordance with professional standards. <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 />Coverage shall be at least as broad as: <br />a. Commercial General Liability (CGL): Insurance Services Office Form CC 00 01 <br />covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury with <br />limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, <br />either the general aggregate limit shall apply separately to this project/loeation (ISO <br />CG 25 03 or 25 04) or the general aggregate limit shall be twice the required <br />occurrence limit. <br />b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, <br />Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - <br />owned), with limit no less than $1,000,000 per accident for bodily injury and <br />property damage. (This may not be needed if they are not driving as a part of the <br />Agreement.) <br />C. Workers' Compensation insurance as required by the State of California, with <br />Page 3 of 11 <br />