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shall require all subcontractors to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Consultant represents and warrants that Consultant has the legal right to license any and all <br />Documents & Data. Consultant makes no such representation and warranty in regard to <br />Documents & Data which were provided to Consultant by the City. City shall not be limited in <br />any way in its use of the Documents and Data at any time, provided that any such use not within <br />the purposes intended by this Agreement shall be at City's sole risk. <br />INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not be <br />limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any act <br />or occurrence arising out of Consultant's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of <br />insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the <br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s); (b) be primary with respect <br />to insurance or self-insurance programs maintained by the City; and (c) contain <br />standard separation ofinsureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include <br />coverage for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the California Labor Code, <br />Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to <br />commencing the performance of the work under this Agreement, Consultant agrees <br />to 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 <br />of 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 <br />pursuant to this section: <br />0) Consultant shall maintain all insurance required above in full force and <br />Page 4 of 10 <br />#12067v2 <br />