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c. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self - insurance. Prior to commencing
<br />the 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 />d. If Consultant is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single limit of not less
<br />than $1,000,000 per claim.
<br />e. 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
<br />effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the Agency upon execution
<br />of this Agreement and shall be approved in form by the Agency Legal
<br />Counsel.
<br />(iii) Certificates and policies shall state that the policies shall not be cancelled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (3 0) days prior written notice to the Agency.
<br />f If Consultant fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the Agency with required proof that insurance has been
<br />procured and is in force and paid for, the Agency shall have the right, at the Agency's election,
<br />to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be
<br />paid for its time and materials expended prior to notification of termination. Consultant waives
<br />the right to receive compensation and agrees to indemnify the Agency for any work performed
<br />prior to approval of insurance by the Agency.
<br />7. INDEMNIFICATION
<br />Consultant agrees to and shall indemnify and hold harmless the Agency, its officers,
<br />agents, employees, contractors, special counsel, and representatives from liability: (1) for
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br />claims for personal injury, including health, and claims for property damage, which may arise
<br />from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described in
<br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
<br />arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
<br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
<br />have been suffered, by reason of the events referred to in this Section or by reason of the terms
<br />of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
<br />harmless, and pay all costs for the defense of the Agency, including fees and costs for special
<br />counsel to be selected by the Agency, regarding any action by a third party challenging the
<br />validity of this Agreement, or asserting that personal injury, damages, just compensation,
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