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owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of <br />the Labor Code, Contractor, if Contractor 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, Contractor 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 Contractor 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 Contractor pursuant <br />to this section: <br />i. Contractor shall maintain all insurance required above in fall 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. Contractor shall supply City with a fully executed additional insured endorsement. <br />If Contractor 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 Contractor's right to be paid <br />for its time and materials expended prior to notification of termination. Contractor waives <br />the right to receive compensation and agrees to indemnify the City for any work performed <br />prior to approval of insurance by City. <br />7. INIDEMNIFICATION <br />Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal <br />injury, including death, and claims for property damage, which may arise from the negligent operations <br />of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates <br />to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, <br />damages, 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 claims for <br />damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been <br />suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising <br />from this Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs for the <br />defense of the City, including fees and costs for special counsel to be selected by the City, regarding any <br />action by a third party challenging the validity of this Agreement, or asserting that personal injury, <br />Page 3 of 7 <br />