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the Labor Code, Consultant, if Consultant has any employees, is required to be insured
<br />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 />e. 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 effect for
<br />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 />iii. 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 (30)
<br />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 />INDEMNIFICATION
<br />To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
<br />City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any
<br />and all claims (including, without limitation, claims for bodily injury, death or damage to property),
<br />demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
<br />liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court
<br />costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to any work
<br />performed or services provided under this Agreement arising out of, relating to or pertaining to the
<br />negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees,
<br />vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
<br />for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein
<br />shall be construed to require Consultant to indemnify the indemnified parties from any claim arising
<br />from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
<br />all claims and liability regardless of whether any insurance policies are applicable. The policy limits do
<br />not act as a limitation upon the amount of indemnification to be provided by the Consultant.
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