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b. Business automobile liability insurance, or equivalent form, with a combined single limit <br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of <br />the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be <br />insured against liability for worker's compensation or to undertake self-insurance. Prior to <br />commencing the performance of the work under this Agreement, CONSULTANT agrees <br />to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />d. If CONSULTANT is or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with a combined single limit of not <br />less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />e. The following requirements apply to the insurance to be provided by CONSULTANT <br />pursuant to this section: <br />i. CONSULTANT shall maintain all insurance required above in full force and effect <br />for the entire period covered by this Agreement. <br />ii. Certificates of insurance shall be furnished to the CITY upon execution of this <br />Agreement and shall be approved by the CITY. <br />iii. Certificates and policies shall state that the policies shall not be canceled or reduced <br />in coverage or changed in any other material aspect without thirty (30) days prior <br />written notice to the CITY. <br />iv. CONSULTANT shall supply CITY with a fully executed additional insured <br />endorsement. <br />f. If CONSULTANT fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the CITY with required proof that insurance has been <br />procured and is in force and paid for, the CITY shall have the right, at the CITY's election, <br />to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's <br />right to be paid for its time and materials expended prior to notification of termination. <br />CONSULTANT waives the right to receive compensation and agrees to indemnify the <br />CITY for any work performed prior to approval of insurance by the CITY. <br />7. INDEMNIFICATION <br />To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold <br />harmless CITY, its officers, agents and employees (collectively, the "indemnified parties") from and <br />against any and all claims (including, without limitation, claims for bodily injury, death or damage to <br />property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, <br />penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and <br />court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any <br />work performed or services provided under this Agreement arising out of, relating to or pertaining to the <br />negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents, <br />employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any <br />of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing <br />herein shall be construed to require CONSULTANT to indemnify the indemnified parties from any claim <br />Page 3 of 8 <br />