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c. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, Consultant, if Consultant has any employees, is required <br />to be insured against liability for worker's compensation or to undertake self- <br />insurance. Prior to commencing the performance of the work under this <br />Agreement, Consultant agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />d. Professional liability (errors and omissions) insurance with a limit no less than <br />$1,000,000 per occurrence or claim. <br />g. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been <br />procured and is in force and paid for, the City shall have the right, at the City's election, <br />to forthwith terminate this Agreement. Such termination shall not affect Consultant's <br />right to be paid for its time and materials expended prior to notification of termination. <br />Consultant waives the right to receive compensation and agrees to indemnify the City <br />for any work performed prior to approval of insurance by the City. <br />h. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to <br />contain, the following provisions: <br />1) Additional Insured Status -The City, its officers, officials, employees, and <br />volunteers are to be covered as additional insureds on the CGL policy with <br />respect to liability arising out of work or operations performed by or on <br />behalf of the Consultant including materials, parts, or equipment furnished <br />in connectionwith such work or operations. General liability coverage can <br />be provided in the form of an endorsement to the Consultant's insurance (at <br />least as broad as ISO Form CG 20 10 1185 or bothCG 2010, CG 20 26, CG <br />20 33, or CG 20 38; and CG 20 37 forms if later revisions used). <br />2) Primary Coverage -For any claims related to this contract, the Consultant's <br />insurance coverage shall be primary insurance primary coverage at least as <br />broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, <br />employees, and volunteers. Any insurance or self-insurance maintained by <br />the City, its officers, officials, employees, or volunteers shall be excess of the <br />Consultant's insuranceand shall not contribute with it. <br />3) Notice of Cancellation- Each insurance policy required above shall state <br />that coverage shall not be canceled, except withnotice to the City. <br />4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any <br />right to subrogation, which any insurer of said Consultant may acquire <br />against the City by virtue of the payment of any loss under such insurance. <br />Consultant agrees to obtain any endorsement that may be necessary to affect <br />this waiver cfsubrogation, but this provision applies regardless of whether <br />or not the City has received a waiver of subrogation endorsement from the <br />insurer. <br />Page 3 of 9 <br />