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CONSULTANT in the course of carrying out the work or services
<br />contemplated in this Agreement.
<br />(c) Automotive Insurance. A policy of comprehensive
<br />automobile liability insurance written on a per occurrence basis in an
<br />amount not less than either (i) bodily injury liability limits of $250,000 per
<br />person and $500,000 per occurrence and property damage liability limits
<br />of $100,000 per occurrence and $250,000 in the aggregate or (ii)
<br />combined single limit liability of $500,000. Said policy shall include
<br />coverage for owned, non -owned, leased and hired cars.
<br />(d) Errors and Omissions (Professional Liability). A policy of
<br />professional liability issuance written on a claims made basis in an
<br />amount not less than One Million Dollars ($1,000,000).
<br />(e) General Requirements. All of the above policies of
<br />insurance shall be primary insurance and shall name the CITY, its
<br />officers, employees and agents as additional insureds. The insurer shall
<br />waive all rights of subrogation and contribution it may have against the
<br />CITY, its officers, employees and agents and their respective insurers.
<br />All of said policies of insurance shall provide that said insurance may not
<br />be amended or cancelled without providing thirty (30) days prior written
<br />notice by registered mail to the CITY. In the event any of said policies of
<br />insurance are cancelled, the CONSULTANT shall, prior to the
<br />cancellation date, submit new evidence of insurance in conformance with
<br />this Section 4-9.0 to the Contract Officer. No work or services under this
<br />Agreement shall commence until the CONSULTANT has provided the
<br />CITY with Certificates of Insurance or appropriate insurance binders
<br />evidencing the above insurance coverages and said Certificates of
<br />Insurance or binders are approved by the CITY. CONSULTANT shall
<br />supply CITY with a fully executed additional insured endorsement in
<br />substantially the form attached hereto as Exhibit "C" upon execution of
<br />this Agreement and shall be approved in form by the CITY Attorney.
<br />4-9.2 Indemnification
<br />CONSULTANT agrees to indemnify the CITY, its officers, agents and
<br />employees against, and will hold and save them and each of them harmless
<br />from, any and all actions, suits, claims, damages to persons or property, losses,
<br />costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or
<br />liabilities') that may be asserted or claimed by any person, firm or entity arising
<br />out of or in connection with the negligent performance of the work, operations or
<br />activities of CONSULTANT, its agents, employees, subcontractors, or invitees,
<br />provided for herein, or arising from the negligent acts or omissions of
<br />CONSULTANT hereunder, or arising from CONSULTANT'S negligent
<br />performance of or failure to perform any term, provision, covenant or condition of
<br />this Agreement, whether or not there is concurrent passive or active negligence
<br />on the part of the CITY, its officers, agents or employees but excluding such
<br />claims or liabilities arising from the sole negligence or willful misconduct of the
<br />CITY, its officers, agents or employees, who are directly responsible to the CITY.
<br />11
<br />25B-17
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