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5. OWNERSMP 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 subcontractor 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 />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 />a. Coverage shall be at least as broad as: <br />1. Commercial General Liability (CGL): Insurance Services Office Form CG <br />00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $1,000,000 per occurrence. If a <br />general aggregate limit applies, either the general aggregatelimit shall apply <br />separately to this project/location (ISO CG 25 03 or 25 04) or the general <br />aggregate limit shall be twice the required occurrence limit. <br />2. Automobile Liability: Insurance Services Office Form Number CA 0001 <br />covering, Code 1(any auto), or if Consultant has no owned autos, Code 8 (hired) <br />and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily <br />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 limit of no less than <br />$1,000,000 per accident for bodily injury or disease. <br />4. Professional Liability (Errors and Omissions) Insurance appropriates to the <br />Consultant's profession, with limit no less than $1,000,000 per occurrence or <br />claim, $2,000,000 aggregate. <br />If the Consultant maintains broader coverage and/or higher limits than the minimums shown <br />above, the City requires and shall be entitled to the broader coverage and/or the higher limits <br />maintained by the contractor. Any available insurance proceeds in excess of the specified <br />minimum limits of insurance and coverage shall be available to the City. <br />Page 3of10 <br />