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perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Contractor represents and warrants that Contractor has the legal right to license any and all <br />Documents & Data. Contractor makes no such representation and warranty in regard to <br />Documents & Data which were provided to Contractor 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 />Prior to undertaking performance of work under this Agreement, Contractor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />1. Commercial General Liability"CGL") Insurance- Insurance Services Office (ISO) <br />Form CG 00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations, property damage, bodily injury and personal & advertising <br />injury with limits no less than $5,000,000 per occurrence. If a general aggregate <br />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 <br />twice the required occurrence limit.. <br />2. Automobile Liability Insurance- Insurance Services Office Form CA 0001 <br />covering Code 1 (any auto), with limits no less than $5,000,000 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 Employers' Liability insurance with a limit of no less than <br />$1,000,000 per accident for bodily injury or disease. <br />4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special <br />Perils) coverage form, with limits equal to the completed value of the project and <br />no coinsurance penalty provisions. <br />5. Professional Liability Insurance (if Design/Build), with limits no less than <br />$2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. <br />6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or <br />Errors and Omissions (if project involves environmental hazards) with limits no <br />less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. <br />If the contractor maintains broader coverage and/or higher limits than the minimums shown above, <br />the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained <br />by the contractor. Any available insurance proceeds in excess of the specified minimum limits of <br />insurance and coverage shall be available to the Entity <br />A. Self -Insured Retentions - Self -insured retentions must be declared to and approved by the <br />Entity. The Entity may require the Contractor to purchase coverage with a lower retention <br />or provide proof of ability to pay losses and related investigations, claim administration, <br />and defense expenses within the retention. The policy language shall provide, or be <br />endorsed to provide, that the self -insured retention may be satisfied by either the named <br />insured or Entity. <br />Page A2-3 of 12 <br />Non -Fed Funding (6.1.2021) <br />