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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 <br />Documents & Data the subcontractor prepares under this Agreement. Consultant <br />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 <br />Documents & Data which were provided to Consultant by the City. City shall not be limited <br />in any way in its use of the Documents and Data at any time, provided that any such use <br />not within the purposes intended by this Agreement shall be at City's sole risk. <br />7. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain <br />commercial general liability insurance naming the City, its officers, <br />employees, agents, volunteers and representatives as additional insured(s) <br />and shall include, but not be limited to protection against claims arising from <br />bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from any act or occurrence arising out of Consultant's <br />operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not <br />less than the following: single limit coverage applying to bodily and personal <br />injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. <br />Such insurance shall (a) name the City, its officers, employees, agents, and <br />representatives as additional insured(s); (b) be primary and not contributory <br />with respect to insurance or self-insurance programs maintained by the City; <br />and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance <br />shall include coverage for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of <br />Section 3700 of the Labor Code, Consultant, if Consultant has any <br />employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain <br />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 <br />engineer: Professional liability (errors and omissions) insurance, with a <br />combined single limit of not less than $1,000,000 per claim with $2,000,000 <br />in the aggregate. <br />City of Santa Ana - RFP 24-085 <br />AMI Implementation Support Services <br />Page 20 of 32 <br />