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governing such services. Provider shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />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 Provider under this Agreement ("Documents & Data"). Provider shall <br />require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual <br />license for any Documents & Data the subcontractor prepares under this Agreement. Provider <br />represents and warrants that Provider has the legal right to license any and all Documents & Data. <br />Provider makes no such representation and warranty in regard to Documents & Data which were <br />provided to Provider by the City. City shall not be limited in any way in its use of the Documents <br />and Data at any time, provided that any such use not within the purposes intended by this <br />Agreement shall be at City's sole risk. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Minimum Scope and Limit of Insurance <br />(1) Commercial General Liability (CGL): Insurance Services Office Form CG 0001 <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: Insurance Services Office Form Number CA 0001 covering, <br />Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (non - <br />owned), with limit no less than $1,000,000 per accident for bodily injury and property <br />damage. <br />(3) Workers' Compensation: Insurance as required by the State of California, with <br />Statutory Limits, and Employer's Liability Insurance with limit of no less than <br />$1,000,000 per accident for bodily injury or disease. (Not required if Provider provides <br />written verification it has no employees.) <br />(4) Professional Liability (Errors and Omissions): Insurance appropriate to the <br />Provider's profession, with limit no less than $1,000,000 per occurrence or claim, <br />Page 3 of 10 <br />