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5. OWNERSHIP 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 Documents <br />& Data which were provided to Consultant by the City. City shall not be limited in any way in its <br />use of the Documents and Data at any time, provided that any such use not within the purposes <br />intended by this Agreement shall be at City's sole risk. <br />6. INSURANCE <br />Contractor shall procure and maintain for the duration of the contract insurance against <br />claims for injuries to persons or damages to property which may arise from or in connection with <br />the performance of the work hereunder and the results of that work by the Contractor, his agents, <br />representatives, employees or subcontractors. <br />a. MINIMUM SCOPE AND LIMIT OF INSURANCE <br />Coverage shall be at least as broad as: <br />(1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 <br />covering CGL on an "occurrence" basis, including products and completed operations, <br />property damage, bodily injury and personal & advertising injury with limits no less <br />than $1,000,000 per occurrence. If a general aggregate limit applies, either the general <br />aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) <br />or the general aggregate limit shall be twice the required occurrence limit. <br />(2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if <br />Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with <br />limit no less than $1,000,000 per accident for bodily injury and property damage. <br />(3) Workers' Compensation: As required by the State of California, with Statutory <br />Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per <br />accident for bodily injury or disease. <br />(4) Broader Coverage: If the Consultant maintains broader coverage and/or higher limits <br />than the 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 />Page 3 of 10 <br />