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a. Professional Liability Insurance. CONSULTANT agrees to obtain and keep in force <br />during the term of this Agreement a policy of professional public liability insurance insuring the <br />CITY and CONSULTANT against any liability for accident, injury or death arising out of or <br />related to this Agreement. Such insurance shall be in an amount not less than One Million <br />Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident <br />or occurrence. Said policy of professional liability insurance shall be endorsed to provide to <br />name the CITY as additionally insured and provide CITY at least thirty (3 0) days written notice <br />prior to cancellation. <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 <br />insured against liability for worker's compensation or to undertake self - insurance. <br />CONSULTANT agrees to comply with such provisions before commencing the performance of <br />the work under this Agreement. <br />c. The following requirements apply to the insurance to be provided by CONSULTANT <br />pursuant to paragraph a., above: <br />1. A certificate of insurance, to be approved in form by the City Attorney, shall <br />be furnished to the City within 30 days of the execution of this Agreement. <br />2. Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty <br />(30) days prior written notice to the City. <br />d. If CONSULTANT fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the City with required proof that insurance has been <br />procured and is in force and paid for, the City shall have the right, at the City's election, to <br />forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to <br />be paid for its time and materials expended prior to notification of termination. <br />10. TERMINATION <br />This Agreement may be terminated by either party at its sole discretion, upon <br />thirty (30) days written notice to the other party. Notice shall be deemed served on the date of <br />mailing. However, CONSULTANT may not terminate this Agreement if undue hardship will <br />result to any participant. <br />11. DISPUTES <br />Except as otherwise provided in this Agreement, any dispute concerning any <br />question arising under this Agreement shall be decided by CITY. In such a case CITY shall <br />reduce its decision to writing and mail or otherwise furnish a copy thereof to CONSULTANT. <br />The decision of the CITY shall be final and conclusive unless within thirty (30) calendar days <br />from the mailing or delivery of such copy, CITY receives from CONSULTANT written request <br />251 -10 <br />