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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 <br />Documents & Data which were provided to Consultant by the City. City shall not be limited in <br />any way in its use of the Documents and Data at any time, provided that any such use not within <br />the purposes intended by this Agreement shall be at City's sole risk. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require any subcontractors to obtain and maintain insurance as described below for the <br />entire Term of this Agreement against claims for injuries to persons or damage to property which <br />may arise from or in connection with services, products and materials supplied to City. Total cost <br />of such insurance shall be borne by Consultant. <br />A. MINIMUM SCOPE AND LIMIT OF INSURANCE <br />1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 <br />01covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury with <br />limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required <br />policy limits can be met with primary and umbrella/excess insurance policies. <br />2) Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 <br />(any auto), with limits no less than $1,000,000 combined single limits. In the event <br />Consultant does not maintain commercial automobile liability insurance, City will <br />accept evidence of personal automobile insurance. <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 <br />per accident, policy or employee, for bodily injury or disease. Coverage is not <br />required if Consultant has no employees and signs request to waive such insurance. <br />4) Professional Liability Insurance: with limits no less than $1,000,000 per occurrence <br />or claim, and $2,000,000 aggregate. <br />B. If Consultant maintains broader coverage and/or higher limits than the minimum <br />requirements for each line of coverage shown above, City requires and shall be entitled to <br />the broader coverage and/or the higher limits maintained by Consultant. Any available <br />insurance proceeds in excess of the specified minimum limits of insurance and coverage <br />shall be available to City. <br />C. Other Insurance Provisions- the above required insurance policies are to contain or be <br />endorsed to contain the following provisions: <br />1) City, its City Council, its officers, officials, employees, agents, and volunteers are <br />to be covered as additional insureds, under Consultant's CGL, Professional <br />Page 3 of 9 <br />#430731v1 <br />