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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 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 $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 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 reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior
<br />written notice to the City.
<br />iv. Consultant shall supply City with a fully executed additional insured endorsement.
<br />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 forthwith
<br />terminate this Agreement. Such termination shall not affect Consultant's right to be paid
<br />for its time and materials expended prior to notification of termination. Consultant waives
<br />the right to receive compensation and agrees to indemnity the City for any work performed
<br />prior to approval of insurance by the City.
<br />7. INDEMNIFICATION
<br />To the fullest extent permitted by law, Consultant shall indemnify, defend and hold hannless City,
<br />its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all
<br />claims (including, without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs
<br />and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind
<br />and nature whatsoever (individually, a claim; collectively, "claims ") related to any work performed or
<br />services provided under this Agreement arising out of, relating to or pertaining to the negligence,
<br />recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors,
<br />suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose
<br />acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be
<br />construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole
<br />negligence or willful misconduct of the indemnified patties. This indemnity shall apply to all claims and
<br />liability regardless of whether any insurance policies are applicable. The insurance policy limits do not
<br />act as a limitation upon the amount of indemnification to be provided by the Consultant.
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