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<br /> <br /> <br /> <br /> <br /> <br /> additional insured(s) and shall include, but not be limited to protection against claims arising <br /> from bodily and personal injury, including death resulting there from and damage to property, <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 /> c. Professional Liability Insurance. Consultant shall provide professional liability (errors <br /> and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and <br /> not 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 /> (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 canceled 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 /> 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, damages or just compensation, <br /> restitution, judicial or equitable relief arising out of claims for personal injury, including death, <br /> and claims for property damage, to the extent they arise from the negligent or willful misconduct <br /> in the performance of operations or errors or omissions of the Consultant or its contractors, <br /> subcontractors, agents, employees, or other persons acting on their behalf which relates to the <br /> services described in section 1 of this Agreement. <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 /> <br /> Page 3 of 10 <br /> <br /> 25G-5 <br />