MOTOROLA, INC. 2 - 2005 - Laserfiche WebLink

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code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. Section 16 INSURANCE 16.1. Prior to undertaking performance of work under this Agreement, Seller shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 16.1.1. Commercial General Liability Insurance. Seller shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Seller's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Seller shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Attachment One upon execution of this Agreement and shall be approved in form by the City Attorney. 16.1.2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 16.1.3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Seller, if Seller has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Seller agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 16.1.4. If Seller is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 16.2. The following requirements apply to the insurance to be provided by Seller pursuant to this section: (i) Seller shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. Santa Ana, CSA Page 13 May 2, 2005 Motorola Contract No. 05.17505