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<br /> <br />and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to <br />comply with this section. <br /> <br />6. RELEASE OF INFORMATION <br /> <br />a. All information gained by Consultant in performance of this Agreement shall <br />be considered confidential and shall not be released by Consultant without City's prior written <br />authorization. Consultant, its officers, employees, agents or subcontractors, shall not without <br />written authorization from Risk Management Division of the Human Resources Department or <br />unless requested by the City Attorney, voluntarily provide declarations, letters of support, <br />testimony at depositions, response to interrogatories or other information concerning the work <br />performed under this Agreement or relating to any project or property located within the City. <br />Response to a subpoena or court order shall not be considered "voluntary" provided Consultant <br />gives City notice of such court order or subpoena. <br />b. Consultant shall promptly notify City should Consultant, its officers, <br />employees, agents or subcontractors be served with any summons, complaint, subpoena, notice <br />of deposition, request for documents, interrogatories, request for admissions or other discovery <br />request, court order or subpoena from any party regarding this Agreement and the work <br />performed there under or with respect to any project or property located within the City. City <br />retains the right, but has no obligation, to represent Consultant and/or be present at any <br />deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to <br />provide City with the opportunity to review any response to discovery requests provided by <br />Consultant. However, City's right to review any such response does not imply or mean the right <br />by City to control, direct, or rewrite said response. <br /> <br />7. INSURANCE <br /> <br />Prior to undertaking work under this Agreement, Consultant shall maintain and shall require its <br />subcontractors (if any) to obtain and maintain insurance as described below: <br /> <br />a. Professional Liability or Errors and Omissions Insurance- appropriate to the <br />consultant’s profession with limits of no less than $1,000,000 per occurrence or <br />claim. <br />b. If consultant maintains broader coverage and/or higher limits than the minimums <br />required by this Agreement, the City requires and shall be entitled to the broader <br />coverage and/or higher limits maintained by the Consultant. Any available <br />insurance proceeds in excess of the specified minimums limits of insurance and <br />coverage shall be available to the City. <br />c. For any claims related to the services performed pursuant to this Agreement, the <br />Consultant’s insurance coverage shall be primary coverage at least as broad as <br />ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and <br />volunteers. Any insurance or self-insurance maintained by the City, its officers, <br />officials, employees or volunteers shall be excess of the Consultant’s insurance <br />and shall not contribute with it. <br />d. Each insurance policy required by this Agreement shall provide that coverage shall <br />not be cancelled, except with notice to the City. <br />e. Consultant hereby grants to the City and a waiver of any right to subrogation that <br />any insurer of said Consultant may acquire against the City by virtue of the <br />payment of any loss under such insurance. Consultant agrees to obtain any <br />endorsement that may be necessary to affect this waiver of subrogation, but this <br />provision applies regardless of whether the City has received a waiver of <br />subrogation endorsement from the insure.