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applicable standards and regulations governing such services. Subcontractor shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />5.OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual prope11y <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Subcontractor under this Agreement ("Documents & Data"). <br />Subcontractor shall require all subcontractors to agree in writing that City is granted a non­ <br />exclusive and perpetual license for any Documents & Data the subcontractor prepares under this <br />Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license <br />any and all Documents & Data. Subcontractor makes no such representation and waiTanty in <br />regard to Documents & Data which were provided to Subcontractor by the City. City shall not be <br />limited in any way in its use of the Documents and Data at any time, provided that any such use <br />not within the purposes intended by this Agreement shall be at City's sole risk. <br />6.INSURANCE <br />Prior to undertaking performance of work under this Agreement, Subcontractor shall <br />procure and maintain. And shall require any subcontractors to obtain and maintain, insurance as <br />described below for the entire term of this Agreement against claims for injuries to persons or <br />damage to property which may arise from or in connection with services, products and materials <br />supplied to the City. Total cost of such insurance shall be borne by Subcontractor. <br />MINIMUM SCOPE OF INSURANCE <br />Subcontractor shall maintain limits of insurance coverage in the following minimum <br />amounts and shall be at least as broad as: <br />I.Commercial General Liability (CGL): Insurance Services Office Form CG 00 0 l <br />covering CGL on an "occurrence" basis, including products and completed operations, <br />property damage, bodily injury and personal & adve11ising injury with limits no less <br />than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can <br />be met with primary ad umbrella/excess insurance policies. <br />2.Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above <br />is not endorsed to include affomative coverage for sexual abuse or molestation, <br />Subcontractor shall obtain and maintain a policy covering Sexual Abuse and <br />Molestation within a limit of no less than $1,000,000 per occmTence or claim. <br />3.Automobile Liability (AL): Insurance Services Office Fo1m Number CA 00 01 <br />covering any auto (Code 1), with limits no less than $1,000,000 combined single limits. <br />Page 3 of 10 <br />#2006970v l <br />EXHIBIT 1