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arising out of Consultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of <br />$1,000,000 per occurrence. Consultant shall supply City with a fully executed additional <br />insured endorsement in substantially the form attached hereto as Exhibit B upon <br />execution of this Agreement and shall be approved in form by the City Attorney. <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall include <br />coverage for owned, hired and non-owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of <br />Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required <br />to be insured against liability for worker's compensation or to undertake self-insurance. <br />Prior to commencing the performance of the work under this Agreement, Consultant <br />agrees to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />d. The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section: (i) Consultant shall maintain all insurance required <br />above in full force and effect for the entire period covered by this Agreement, (ii) <br />Certificates of insurance shall be furnished to the City upon execution of this Agreement <br />and shall be approved in form by the City Attorney. (iii) Certificates and policies shall <br />state that the policies shall not be canceled or reduced in coverage or changed in any <br />other material aspect without thirty (30) days prior written notice to the City. <br />e. 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 after 30 days notice to Consultant and <br />opportunity to cure. Such termination shall not affect Consultant's right to be paid (i) for <br />its time and materials expended prior to notification of termination and (ii) the ongoing <br />Consultant Lease Fees in accordance with Section 2 for any New Leases. 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 />(a) Consultant agrees to and shall indemnify and hold harmless the City, its <br />officers, agents, employees, consultants, special counsel, and representatives from <br />liability for personal injury, damages, just compensation, restitution, judicial or equitable <br />relief arising out of claims for personal injury, including health, and claims for property <br />damage, which may arise from the gross negligence or willful misconduct of the <br />Consultant or its contractors, subcontractors, agents, employees, or other persons acting <br />on their behalf which relates to the services described in section 1 of this Agreement. <br />25A-7 <br />