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coverage applying to bodily and personal injury, including death resulting there from, and <br />property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City <br />with a fully executed additional insured endorsement to be approved in form by the City <br />Attorney. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self - insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />c. Professional Liability Insurance. If Consultant is or employs a licensed professional <br />such as an architect or engineer, Consultant shall provide professional liability (errors and <br />omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. <br />d. 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 and effect for <br />the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />e. 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 procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. <br />7. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, and special counsel from liability for personal injury, or just compensation, arising <br />out of claims for personal injury, including health, and claims for property damage, to the extent <br />which arise from the negligent or willful operations or errors or omissions of the Consultant or <br />its contractors, subcontractors, agents, employees, or other persons acting on their behalf which <br />relates to the services described in section 1 of this Agreement. <br />Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unique <br />to the act, and the actions that may be taken in controlling, preventing or suppressing acts of <br />terrorism are unique to the act, Consultant is not responsible to City for designing or advising on <br />or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any <br />action which may be taken in controlling, preventing, suppressing or in any way relating to an <br />act of terrorism. <br />Page 3 of 8 <br />