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C. Worker's Compensation Insurance. In accordance with the provisions of <br />Section 3700 of the Labor Code, Consultant, if Consultant has any employees, <br />is required to be insured against liability for worker's compensation or to <br />undertake self-insurance. Prior to commencing the performance of the work <br />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 />If Consultant is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and omissions) insurance, with a <br />combined single limit of not less than $1,000,000 per claim with $2,000,000 in <br />the aggregate. <br />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 <br />force and effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon <br />execution of this Agreement and shall be approved by the City <br />(iii) Certificates and policies shall state that the policies shall not be <br />canceled or reduced in coverage or changed in any other <br />material aspect without thirty (30) days prior written notice to the <br />City. <br />If Consultant fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the City with required proof that <br />insurance has been procured and is in force and paid for, the City shall have <br />the right, at the City's election, to forthwith terminate this Agreement. Such <br />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 <br />right to receive compensation and agrees to indemnify the City for any work <br />performed prior to approval of insurance by the City. <br />INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless 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 <br />of claims for personal injury, including death, and claims for property damage, which may arise <br />from the direct or indirect operations of the Consultant or its contractors, subcontractors, <br />agents, employees, or other persons acting on their behalf which relates to the services <br />described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, <br />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 <br />claims for damages, just compensation, restitution, judicial or equitable relief suffered, or <br />alleged to have been suffered, by reason of the events referred to in this Section or by reason <br />of the terms of, or effects, arising from this Agreement. The Consultant further agrees to <br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs <br />for special counsel to be selected by the City, regarding any action by a third party challenging <br />25E-7 <br />