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modifications, or enhancements the foregoing developed by Consultant in connection with <br />rendering the Services to the City. Consultant shall own all right, title, and interest in and to all <br />Usage Data. This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all the Deliverables as fixed in any tangible medium of <br />expression, including but not limited to, physical drawings or data magnetically or otherwise <br />recorded on computer diskettes, which are provided or made accessible by Consultant to City <br />under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to <br />agree in writing that City is granted a non-exclusive and perpetual license for any Documents & <br />Data the subcontractor prepares under this Agreement. Consultant represents and warrants that <br />Consultant has the legal right to provide the Services and any Deliverables to the City. <br />Consultant makes no such representation and warranty in regard to Documents & Data which <br />were provided to Consultant by the City. City shall not be limited in any way in its use of the <br />Documents and Data and Deliverables at any time, provided that any such use not within the <br />purposes intended by this Agreement shall be at City's sole risk. <br />7. INSURANCE <br />Consultant shall procure and maintain for the duration of the contract insurance as set <br />forth below against claims for injuries to persons or damages to property which may arise from <br />or in connection with the performance of the work hereunder and the results of that work by the <br />Consultant, its agents, representatives, employees or subcontractors. <br />a. Consultant shall not commence work for the City until it has provided evidence <br />satisfactory to the City that it has secured all insurance required under this Section. <br />b. Insurance coverage shall be at least as broad as: <br />(i) Commercial General Liability (CGL): Insurance Services Office <br />Form CG 00 01 covering CGL on an "occurrence" basis, including <br />products and completed operations, property damage, bodily injury <br />and personal & advertising injury with limits no less than <br />$2,000,000 per occurrence. If a general aggregate limit applies, <br />either the general aggregate limit shall apply separately to this <br />project/location (ISO CG 25 03 or 25 04) or the general aggregate <br />limit shall be twice the required occurrence limit. <br />(ii) Automobile Liability: Insurance Services Office Form Number CA <br />0001 covering, Code 1 (any auto), or if Consultant has no owned <br />autos, Code 8 (hired) and 9 (non -owned), with limit no less than <br />$1,000,000 per accident for bodily injury and property damage. <br />(iii) Workers' Compensation insurance as required by the State of <br />California, with Statutory Limits, and Employer's Liability <br />Insurance with limit of no less than $1,000,000 per accident for <br />bodily injury or disease. <br />Page 3 of 11 <br />