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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 />Consultant shall procure and maintain for the duration of the contract insurance against <br />claims for irtjuries to persons or damages to property which may arise from or in connection with <br />the performance of the work hereunder by the Consultant, its agents, representatives, or employees. <br />a.MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad <br />as: <br />I.Commercial General Liability (CGL): Insurance Services Office Form CG 00 <br />01 covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury <br />with limits no less than $1,000,000 per occurrence. If a general aggregate limit <br />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 Services Office Form Number CA 0001 <br />covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 <br />(hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for <br />bodily injury and property damage. (Not required if automobile is not necessary <br />to perfonn services.) <br />3.Workers' Compensation: insurance as required by the State of California, with <br />Statutory Limits, and Employer's Liability Insurance with limit ofno less than <br />$1,00 0,000 per accident for bodily injury or disease. (Not required if <br />Consultant provides written verification it has no employees.) <br />4.Professional Liability (Errors and Omissions): insurance appropriate to the <br />Consultant's profession, with limit no less than $2,00 0 ,000 per occurrence or <br />claim, $2,000,0 00 aggregate. <br />5.If the Consultant maintains broader coverage and/or higher limits than the <br />minimums shown above, the City requires and shall be entitled to the broader <br />coverage and/or the higher limits maintained by the Consultant. Any available <br />insurance proceeds in excess of the specified minimum limits of insurance and <br />coverage shall be available to the City. <br />b.Other Insurance Provisions -The insurance policies are to contain, or be endorsed to <br />contain, the following provisions: <br />Page 3 of 10 <br />EXHIBIT 1