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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. 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 City upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />(iii) The policies shall state that the policies shall not be canceled or reduced <br />in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice from the Consultant to the City. <br />£ If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its <br />time and materials expended prior to notification of termination. Consultant waives the right to <br />receive compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City. <br />6. MDEMNIFICATION <br />To the fiillest extent permitted by law, Consultant shall defend, indemnify and hold the <br />City, its directors, officials, officers, employees, volunteers and agents free and harmless from <br />any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of <br />any kind, in law or equity, to property or persons, including wrongful death, in any manner <br />arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its <br />officials, officers, employees, subcontractors, consultants or agents in connection with the <br />performance of the Consultant's Services, the Project or this Agreement, including without <br />limitation the payment of all consequential damages, expert witness fees and attorneys fees and <br />other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's <br />Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the <br />extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to <br />the negligence, recklessness, or willful misconduct of the Consultant. <br />25F -5 <br />