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c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700
<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. 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.
<br />(iii) The policies shall not be cancelled or materially reduced in coverage
<br />without thirty (30) days prior written notice from the Consultant to the
<br />City, except where all required coverage remains continuously in force
<br />under replacement or renewal policies of an essentially similar nature.
<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 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.
<br />6. INDEMNIFICATION
<br />To the fullest 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 />CONFIDENTIALITY
<br />If Consultant receives from the City information which due to the nature of such
<br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees
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