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amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) <br />naive the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self- insurance <br />programs maintained by the City; and (c) contain standard separation of insured provisions. <br />b. Worker's Compensation Insurance. In accordance with California State law, <br />Consultant, if Consultant has any employees, is required to be insured against liability for <br />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 <br />liability insurance with limits not less than $1,000,000 per accident. <br />c. 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. Certificates <br />of insurance shall be fiunished to the City upon execution of this <br />Agreement and shall be approved in form by the City. <br />(ii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />d. 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 terminate this <br />Agreement. Such termination shall not affect Consultant's right to be paid for its time and <br />materials expended prior to notification of termination. Consultant waives the right to receive <br />compensation and agrees to indemnity the City for any work performed prior to approval of <br />insurance by the City. <br />7. INDEMNIFICATION <br />Consultant agrees to and shall indemnify, defend and hold hannless the City, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of <br />claims for personal. injury, including death, and claims for property damage, which may arise <br />from the negligent operations of the Consultant or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects <br />arising from this Agreement, to the extent that the injury, damages, just compensation, <br />restitution, judicial or equitable relief is caused by the negligence of the Consultant. This <br />indemnity and hold harmless agreement applies to all claims for damages, just compensation, <br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the <br />events referred to in this Section or by reason of the terms of, or effects, arising from this <br />Page 3 of 7 <br />