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5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Instructor shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general
<br />liability insurance which shall include, but not be limited to protection against claims arising from bodily
<br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence 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 than the following:
<br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
<br />property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the
<br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
<br />primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain
<br />standazd sepazation of insureds provisions.
<br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, Instructor, if Instructor has any employees, is required to be insured against liability for
<br />worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work
<br />under this Agreement, Instructor agrees to obtain and maintain any employer's liability insurance with
<br />limits not less than $1,000,000 per accident.
<br />The following requirements apply to the insurance to be provided by Instructor pursuant to this
<br />section:
<br />(i) Instructor shall maintain all insurance required above in full force and effect for
<br />the entire period covered by this Agreement.
<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 />(iii) Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty (30)
<br />days prior written notice to the City.
<br />d. If Instructor fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
<br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
<br />termination shall not effect Instructor's right to be paid for its time and materials expended prior to
<br />notification of termination. Instructor waives the right to receive compensation and agrees to indemnify
<br />the City for any work performed prior to approval of insurance by the City.
<br />6. INDEMNIFICATION
<br />Instructor agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability for personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
<br />including death, and claims for property damage, which may azise from the direct or indirect operations of
<br />the Instructor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
<br />which relates to the services described in section 1 of this Agreement. The Instructor further agrees to
<br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
<br />special counsel to be selected by the City, regazding any action by a third party asserting that personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property
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