ENVIRONMENTAL PLANNING DEVELOPMENT SOLUTIONS, INC. (2)

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Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Page 17 Client agrees to waive any claim against Consultant and to release Consultant from any liability arising directly or indirectly from such changes. In addition, Client agrees (1) to the fullest extent permitted by law, to indemnify and hold harmless Consultant from any damages, liabilities or costs arising from such change, and (2) to include in any contracts for construction appropriate language that prohibits any contractor or subcontractors of any tier from making any changes or modifications to Consultant's construction documents without the prior written approval of Consultant and that further requires contractor to indemnify both Consultant and Client from any liability or cost arising from such changes made without such proper authorization. VI. INSURANCE 1.Insurance; Consultant shall purchase business Insurance as follows: a. Professional Liability Insurance, with prior acts coverage sufficient to cover the services performed under this Agreement, and policy limits in an amount of $1,000,000 each claim and $2,000,000 annual policy period aggregate limit. Consultant specifically agrees, pursuant to this Agreement, to waive any rights of recovery against Client because of any payment made to the extent coverage is provided by the policy. b. Commercial General Liability Insurance (150 CG 0001 0413), or another equivalent occurrence -based -policy form, Including coverage for bodily Injury and property damage liability arising out of premises, operations, completed operations, and products in addition to advertising Injury and personal Injury liability coverage with a per project limit of not less than $1,000,000 each occurrence and $2,000,000 general aggregate limit. Consultant specifically agrees, pursuant to this Agreement, to the following: 1. Additional Insured Provision: Shall include Client and Client -designated additional insured(s), to the extent coverage is provided by the policy, caused in whole or in part by Consultant or those acting on - - Consultant's behalf. Additional insured coverage shall be provided by a combination of the CG2010 0413 and CG2037 0413 endorsements, or other comparable endorsement(s). it. Primary and Non -Contributory Provision: The Insurance provided to Client -designated additional insured(s) is primary to other insurance, which covers such additional Insured as a named Insured, and will not share with that other insurance to the extent coverage is provided by the policy. Primary and Non-contributory coverage shall be provided by CG2401 0413, or other comparable endorsement. lit. Waiver of Subroaation Provision: The insurance provided shall waive any rights of recovery against Client -designated additional insured(s), because of any payment made to the extent coverage is provided by the policy. Waiver of Subrogation provision shall be provided by CG2404 0509, or other comparable endorsement. c. Owned. Hired and Non -Owned Automobile Liability Insurance, with a limit of not less than $1,000,000 combined single limit for bodily Injury and property damage liability arising out of the maintenance or use of any policy covered hired or non -owned automobile by Consultant or Consultant's employees in the course of Consultant's business. Consultant specifically agrees, pursuant to this Agreement, to the following: I. Additional Insured Provision: Shall include Client -designated additional insured(s), to the extent coverage is provided by the policy. it. Waiver of Subroaation Provision: The insurance provided shall waive any rights of recovery against Client -designated additional insured(s), because of any payment made to the extent coverage Is provided by the policy. d. Commercial Umbrella or Excess Liability Insurance, on a follow form basis with a limit of not less than $2,000,000 each occurrence and $2,000,000 general aggregate limit. Coverage shall be excess of commercial general liability, hired and non -owned automobile liability and employers' liability with such coverage being concurrent with underlying Insurance.