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drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br /> caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <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 /> Consultant represents and warrants that Consultant has the legal right to license any and all <br /> Documents & Data. Consultant makes no such representation and warranty in regard to <br /> Documents & Data which were provided to Consultant 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 /> 6. INSURANCE <br /> Consultant shall procure and maintain for the duration of the contract insurance against <br /> claims for injuries to persons or damages to property which may arise from or in connection with <br /> products and materials supplied to City.Total cost of such insurance shall be borne by Consultant. <br /> Minimum Scope and Limit of Insurance. <br /> • Commercial General Liability: coverage shall be at least as broad as Insurance <br /> ,Services Form CG 00 01 covering CGL on an "occurrence" basis, including products <br /> and completed operations, property damage, bodily injury and personal & advertising <br /> injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. <br /> • If Consultant maintains broader coverage and/or higher limits than the minimums <br /> shown above, City requires and shall be entitled to the broader coverage and/or the <br /> higher limits maintained by Consultant.Any available insurance proceeds in excess of <br /> the specified minimum limits of insurance and coverage shall be available to City. <br /> Other Insurance Provisions. The insurance policies are to contain, or be endorsed to <br /> contain, the following provisions: <br /> • City of Santa Ana, its City Council, its officers, officials, employees, agents, and <br /> volunteers are to be covered as additional insureds with respect to liability arising out <br /> of work or operations performed by or on behalf of the Instructor including materials, <br /> parts, equipment,and personnel furnished in connection with such work or operations. <br /> • Insurance company agrees to waive all rights of subrogation against City of Santa Ana, <br /> its City Council,its officers,officials,employees,agents,and volunteers for losses paid <br /> under the terms of any policy which arise from work performed by instructor for City. <br /> • For any claims related to this contract, Consultant's insurance coverage shall be <br /> primary and any insurance maintained by City, its City Council, its officers, officials, <br /> employees, agents, or volunteers shall not contribute with it. <br /> • A severability of interest provision must apply for all the additional insureds, ensuring <br /> that Consultant's insurance shall apply separately to each insured against whom a claim <br /> is made or suit is brought, except with respect to the insurer's limits of liability. <br /> • Insurance policy required herein shall provide that coverage shall not be canceled, <br /> suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or <br /> materially changed except after thirty (30) days prior written notice has been given to <br /> Page 3 of 9 <br />