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against liability for worker's compensation or to undertake self - insurance. Prior to <br />commencing the performance of the work under this Agreement, Consultant agrees to <br />obtain and maintain any employer's liability insurance with limits not less than <br />$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 <br />not less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />C. The following requirements apply to the insurance to be provided by Consultant pursuant <br />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 by the City. <br />(iii) Certificates and policies shall state that the policies shall not be cancelled <br />or reduced in coverage or changed in any other material aspect, by <br />consultant, without thirty (30) days prior written notice to the City. <br />(iv) Consultant shall supply City with a fully executed additional insured <br />endorsement. <br />f If Consultant fails or refuses to produce or maintain the insurance required by this section <br />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 <br />forthwith terminate this Agreement. Such termination shall not affect Consultant's right <br />to be paid for its time and materials expended prior to notification of termination. <br />Consultant waives the right to receive compensation and agrees to indemnify the City for <br />any work performed prior to approval of insurance by the City. <br />7. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal <br />injury, including death, and claims for property damage, which may arise from the negligent operations <br />of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their <br />behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of <br />the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies <br />to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to <br />have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or <br />effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay <br />all costs for the defense of the City, including fees and costs for special counsel to be selected by the <br />City, regarding any action by a third party challenging the validity of this Agreement, or asserting that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or <br />City of Santa Ana RFP 16 -044 <br />25149 <br />