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total amount of $1,000,000 per occurrence. Such insurance shall be endorsed to (a) name the <br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) <br />be primary and not contributory with respect to insurance or self-insurance programs <br />maintained by the City; and (c) contain standard separation of insureds provisions. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, Consultant, if Consultant 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 <br />work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance <br />with limits not less than $1,000,000 per accident. <br />c. Professional Liability Insurance. If Consultant is or employs a licensed professional such as <br />an architect or engineer, Consultant shall provide professional liability (errors and omissions) <br />insurance, with a combined single limit of not less than $1,000,000 per claim and not less than <br />$2,000,000 annual aggregate. <br />d. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force and effect for the <br />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 without <br />thirty (30) days prior written notice to the City. Ten (10) days notice if cancellation is <br />due to non-payment of premium. <br />e. If Consultant 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 <br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. <br />7. INDEMNIFICATION <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, arising <br />out of claims for personal injury, including death, and claims for property damage, to the extent they <br />arise from the negligent or willful misconduct in the performance of operations or errors or omissions of <br />the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their <br />behalf which relates to the 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 to the <br />act, and the actions that may be taken in controlling, preventing or suppressing acts of terrorism are <br />unique to the act, Consultant is not responsible to City for designing or advising on or otherwise taking <br />measures to prevent or mitigate the effect of any act of terrorism or any action which may be taken in <br />controlling, preventing, suppressing or in any way relating to an act of terrorism. <br />25C-5