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coverage for owned, hired and non -owned automobiles C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Bean Sprouts, if Bean Sprouts has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Bean Sprouts agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Bean Sprouts is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance; with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Bean Sprouts pursuant to this section: i. Bean Sprouts shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty - (30) days -prior written notice to the City. -------- iv. Bean Sprouts shall supply City with a fully executed additional insured endorsement. f. If Bean Sprouts fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Bean Sprouts' right to be paid for its time and materials expended prior to notification of termination. Bean Sprouts waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 13. INDEMNIFICATION Bean Sprouts agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of Bean Sprouts' business, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief that has been caused by Bean Sprouts' material breach of the terms of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Page 10 of 17 25B-14