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Page 3 of 9 <br />#432168v1 <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor <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 />Contractor represents and warrants that Contractor has the legal right to license any and all <br />Documents & Data. Contractor makes no such representation and warranty in regard to <br />Documents & Data which were provided to Contractor 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 /> <br />6. INSURANCE <br /> <br />Contractor shall procure and maintain and shall require any subcontractors to obtain and <br />maintain insurance as described below for the entire Term of this Agreement against claims for <br />injuries to persons or damage to property which may arise from or in connection with services, <br />products and materials supplied to City. Total cost of such insurance shall be borne by <br />Contractor. <br /> <br />MINIMUM SCOPE OF INSURANCE <br />Coverage shall be at least as broad as: <br /> <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 and $2,000,000 aggregate. Required policy limits can <br />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 />Contractor does not maintain commercial automobile liability insurance, City will <br />accept evidence of personal automobile insurance with existing limits, which may be <br />lower than $1,000,000. <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, policy or employee, for bodily injury or disease. <br />4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence <br />or claim, and $2,000,000 aggregate. <br /> <br />If Contractor maintains broader coverage and/or higher limits than the minimum requirements for <br />each line of coverage shown above, City requires and shall be entitled to the broader coverage <br />and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of <br />the specified minimum limits of insurance and coverage shall be available to City. <br /> <br />Other Insurance Provisions <br />The above required insurance policies are to contain or be endorsed to contain the following <br />provisions <br />