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b. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />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 3700 of
<br />the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be
<br />insured 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 $1,000,000
<br />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
<br />less than $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 CONSULTANT
<br />pursuant to this section:
<br />(1) 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 this
<br />Agreement and shall be approved by the CITY.
<br />(111) 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
<br />(30) days prior written notice to the CITY.
<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
<br />procured 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
<br />for 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, except where such
<br />indemnification is prohibited by law: (1) for personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief arising out of claims for personal injury, including death, and claims for
<br />property damage, which may arise from the direct or indirect operations of the CONSULTANT or its
<br />contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to
<br />the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
<br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br />suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
<br />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 />property rights arises by reason of the terms of, or effects arising from this Agreement. CITY may make
<br />all reasonable decisions with respect to its representation in any legal proceeding. In the event liability,
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