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therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the <br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s); (b) be primary and not contributory with respect to insurance <br />or self - insurance programs maintained by the City; and (c) contain standard separation of insureds <br />provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and <br />non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability <br />for worker's compensation or to undertake self - insurance. Prior to commencing the performance of <br />the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability <br />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 not <br />less than $1,000,000 per claim. <br />e. The following requirements apply to the insurance to be provided by Consultant pursuant to <br />this section: <br />(i) Consultant shall maintain all insurance required above in Rill force and effect for <br />the 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 or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />f 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 />Such tennination shall not effect Consultant's right to be paid for its time and materials expended prior <br />to notification of tennination. 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 />7. INDEMNIFICATION <br />Each party will indemnify and hold harmless the other party, its officers, directors, employees, <br />and agents from any and all claims, losses, liabilities, damages, expenses and costs (including <br />reasonable attorneys' fees and court costs) which result from third -party claims or allegations that arise <br />out of a breach or alleged breach of any representation; warranty, or covenant set forth in this <br />Agreement. <br />8. CONFIDENTIALITY <br />If the receiving party receives from the disclosing party information which due to the nature of <br />such information is reasonably understood to be confidential and /or proprietary, the receiving party <br />agrees that it shall not use or disclose such information except in the performance of this Agreement, <br />25KK -7 <br />