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3.3 Insurance. Prior to undertaking performance of work under this Agreement, <br />Recipient shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance <br />as described below: <br />a. Commercial General Liability Insurance. Recipient shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Recipient's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The amounts <br />of insurance shall be not less than the following: single limit coverage applying to bodily and <br />personal injury, including death resulting therefrom, and property damage, in the total amount of <br />$1,000,000 per occurrence, with $2,000,000 in the aggregate. <br />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 owned, <br />hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, Recipient, if Recipient 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, Recipient agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />d. If Recipient 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 than <br />$1,000,000 per claim with $2,000,000 in the aggregate. <br />e. The following requirements apply to the insurance to be provided by Recipient <br />pursuant to this section: <br />(i) Recipient shall maintain all insurance required above in full force and effect <br />for 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 by the City. <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) days prior <br />written notice to the City. <br />f. If Recipient 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 terminate <br />this Agreement. Such termination shall not affect Recipient's right to be paid for its time and <br />materials expended prior to notification of termination. Recipient waives the right to receive <br />2 <br />25E -4 <br />