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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 />d. 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 />e. 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 />00 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
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