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b. Worker's Compensation Insurance. In accordance with the provisions of <br />Section 3700 of the Labor Code, Consultant, if Consultant has any <br />employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to <br />obtain and maintain any employer's liability insurance with limits not less <br />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 <br />$2,000,000 in the aggregate. <br />The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in <br />full force and effect for the entire period covered by this <br />Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon <br />execution of this Agreement and shall be approved by the <br />City. <br />(iii) Certificates and policies shall state that the policies shall <br />not be canceled or reduced in coverage or changed in any <br />other material aspect without thirty (30) days prior written <br />notice to the City. <br />e. If Consultant fails or refuses to produce or maintain the insurance <br />required by this section or fails or refuses to furnish the City with required <br />proof that insurance has been procured and is in force and paid for, the <br />City shall have the right, at the City's election, to forthwith terminate this <br />Agreement. Such termination shall not affect Consultant's right to be paid <br />for its time and materials expended prior to notification of termination. <br />Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance <br />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 <br />out of claims for personal injury, including death, and claims for property damage, which <br />may arise due to negligent acts, omissions or willful misconduct in the performance of this <br />Agreement by the Consultant or its contractors, subcontractors, agents, employees, or <br />other persons acting on their behalf which relates to the services described in section 1 of <br />this Agreement; and (2) from any claim that personal injury, damages, just compensation, <br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising <br />