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<br />Consultant agrees to obtain and maintain any employer's liability insurance with limits
<br />not less than $1,000,000 per accident.
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<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.
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<br />e. The following requirements apply to the insurance to be provided by
<br />Consultant pursuant to this section:
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<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.
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<br />f. If Consultant fails or refuses to produce or maintain the insurance required by
<br />this section or fails or refuses to furnish the City with required proof that insurance has
<br />been procured and is in force and paid for, the City shall have the right, at the City's
<br />election, to forthwith terminate this Agreement. Such termination shall not effect
<br />Consultant's right to be paid for its time and materials expended prior to notification of
<br />termination. Consultant waives the right to receive compensation and agrees to
<br />indemnify the City for any work performed prior to approval of insurance by the City.
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<br />6. INDEMNIFICATION
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<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)
<br />for personal injury, damages, just compensation, restitution, judicial or equitable relief
<br />arising out of claims for personal injury, including health, and claims for property
<br />damage, which may arise from the direct or indirect operations of the Consultant or its
<br />contractors, subcontractors, agents, employees, or other persons acting on their behalf
<br />which relates to the services described in section 1 of this Agreement; (2) from any
<br />claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement; and (3)
<br />from any claim that the MWD program infringes a proprietary right, patent or copyright.
<br />This indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br />suffered, by reason of the events referred to in this Section or by reason of the terms of,
<br />or effects, arising from this Agreement. The Consultant further agrees to indemnify,
<br />hold harmless, and pay all costs for the defense of the City, including fees and costs for
<br />special counsel to be selected by the City, regarding any action by a third party
<br />challenging the validity of this Agreement, or asserting that personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief due to personal or property
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