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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 coverage for <br />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 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 />d. Professional liability (errors and omissions) insurance, with a combined single limit of <br />not less 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 Legal Counsel. <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 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 />INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the Agency, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability 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 from the <br />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. The Consultant further agrees to indemnify, hold harmless, and pay <br />all costs for the defense of the Agency, including fees and costs for special counsel to be selected <br />by the Agency, regarding any action by a third party asserting that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by <br />reason of effects arising from this Agreement. Agency may make all reasonable decisions with <br />respect to its representation in any legal proceeding. <br />3 -5 <br />