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<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be <br />insured against liability for worker's compensation or to undertake self-insurance. Prior to <br />commencing the performance of the work under this Agreement, Consultant agrees to <br />obtain and maintain any employer's liability insurance with limits not less than $1,000,000 <br />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 combined single <br />limit of not less than $1,000,000 per claim. <br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon <br />execution of this Agreement and shall be approved in form by the <br />City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be <br />canceled or reduced in coverage or changed in any other material <br />aspect without thirty (30) days prior written notice to the City. <br />f. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been <br />procured and is in force and paid for, the City shall have the right, at the City's election, to <br />forthwith terminate this Agreement. Such termination shall not effect Consultant's right to <br />be paid for its time and materials expended prior to notification of termination. Consultant <br />waives the right to receive compensation and agrees to indemnify the City for any work <br />performed prior to approval of insurance by the City. <br />6. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising <br />out of claims for personal injury, including health, and claims for property damage, which <br />may arise from the direct or indirect operations of the Consultant or its contractors, <br />subcontractors, agents, employees, or other persons acting on their behalf which relates to <br />the services described in section 1 of this Agreement; and (2) from any claim that personal <br />injury, damages, just compensation, restitution, judicial or equitable relief is due by reason <br />of the terms of or effects arising from this Agreement. This indemnity and hold harmless <br />agreement applies to all claims for damages, just compensation, restitution, judicial or <br />equitable relief suffered, or alleged to have been suffered, by reason of the events referred to <br />in this Section or by reason of the terms of, or effects, arising from this Agreement. The <br />Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of <br />