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<br /> <br /> <br /> <br /> <br /> <br /> <br /> of $1,000,000 per occurrence. Consultant shall supply City with a fully executed <br /> additional insured endorsement in substantially the form attached hereto as Exhibit B <br /> upon execution of this Agreement and shall be approved in form by the City <br /> Attorney. <br /> <br /> b. Business automobile liability insurance, or equivalent form, with a combined single <br /> limit of not less than $1,000,000 per occurrence. Such insurance shall include <br /> coverage for owned, hired and non-owned automobiles. <br /> c. 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 <br /> insured against liability for worker's compensation or to undertake self-insurance. <br /> Prior to commencing the performance of the work under this Agreement, Consultant <br /> agrees to obtain and maintain any employer's liability insurance with limits not less <br /> than $1,000,000 per accident. <br /> <br /> d. Professional liability (errors and omissions) insurance, with a combined single limit <br /> of not less than $1,000,000 per claim. <br /> <br /> e. 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 <br /> effect for the entire period covered by this Agreement. <br /> (ii) Certificates of insurance shall be furnished to the City upon execution of <br /> this 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 <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> £ 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 <br /> been procured and is in force and paid for, the City shall have the right, at the City's <br /> election, to forthwith terminate this Agreement. Such termination shall not affect <br /> Consultant's right to be paid for its time and materials expended prior to notification <br /> of termination. Consultant waives the right to receive compensation and agrees to <br /> indemnify the City for any work performed prior to approval of insurance by the City. <br /> <br /> 7. INDEMNIFICATION <br /> <br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees, consultants, special counsel, and representatives from liability: (1) for personal <br /> injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br /> for personal injury, including health, and claims for property damage, which may arise due to <br /> negligent acts, omissions or willful misconduct, from the direct or indirect operations of the <br /> Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their <br /> <br /> 3 <br /> <br /> 25A-5 <br />