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<br />resulting from any covered act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement. The amounts of insurance shall be not less than the following: <br />single limit coverage applying to bodily and personal injury, including death resulting there <br />from, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall <br />supply City with a fully executed additional insured endorsement to be approved in form by the <br />City Attorney. <br /> <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 /> <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 and not <br />less than $2,000,000 annual aggregate. <br /> <br />d. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />(i) Consultant shall maintain all insurance required above in full force and effect for <br />the entire period covered by this Agreement. <br /> <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 /> <br />(iii) Certificates and policies shall state that the policies shall not be cancelled without <br />thirty (30) days prior written notice to the City. Ten (10) days notice if <br />cancellation is due to non-payment of premium. <br /> <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 /> <br />7. INDEMNIFICATION <br /> <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 death, and claims for property damage, to the extent <br />they arise from the negligent or willful misconduct in the performance of operations or errors or <br />omissions of the Consultant or its contractors, subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement. <br /> <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 /> <br />Page 3 of8 <br />