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CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon <br />State approval, and funds received or obligated from the State of California to CITY. If such approval of <br />funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within <br />twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by <br />CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred <br />hereunder. <br />7. MISCELLANEOUS PROVISIONS <br />A. CONSULTANT covenants that it presently has no interest, and shall not have any interest, <br />direct or indirect, which would conflict in any manner with the performance of services required hereunder. <br />B. CONSULTANT certifies that it will not discriminate against any employee or applicant for <br />employment because of race, religious creed, color, national origin, ancestry, physical disability, mental <br />disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act <br />of 1964 (P.L. 83-354) and Government Code 12900, et seq. <br />8. HOLD HARMLESS CLAUSE <br />CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents, <br />employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions <br />and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of <br />any approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors <br />in the performance of this Agreement. <br />9. INSURANCE <br />CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive <br />professional public liability insurance, in companies acceptable to the City, authorized to issue such <br />insurance in the State of California. Said insurance shall consist of the following: <br />a. Professional Liability Insurance. CONSULTANT agrees to obtain and keep in force during the <br />term of this Agreement a policy of professional public liability insurance insuring the CITY and <br />CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement. <br />Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or <br />death of any person or persons in any single accident or occurrence. Said policy of professional liability <br />insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against <br />6 <br />25B-8 <br />