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Professional liability (errors and omissions) insurance, with a combined single limit of <br />not 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 <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />iv. Where the amounts or coverage provided by the certificates of insurance <br />provides coverage greater than those listed by this Agreement, the amounts <br />provided by the certificates of insurance shall be incorporated by reference into <br />the Agreement. <br />V. 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 <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not affect <br />Consultant's right to be paid for its time and materials expended prior to notification <br />of termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the <br />City. <br />8. INDEMNIFICATION <br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising <br />out of claims for personal injury, including death, and claims for property damage, which <br />may arise from the negligent operations of the Consultant, its subcontractors, agents, <br />employees, or other persons acting on its behalf which relates to the services described in <br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or <br />effects arising from this Agreement. This indemnity and hold harmless agreement applies <br />to all claims for damages, just compensation, restitution, judicial or equitable relief <br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section <br />or by reason of the terms of, or effects, arising from this Agreement. The Consultant further <br />agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including <br />City of Santa Ana RFP 23-123 <br />Page A2-4 <br />