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Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive <br />and perpetual license for any Documents & Data the subconsultant prepares under this <br />Agreement. Consultant represents and warrants that Consultant has the legal right to license any <br />and all 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 />Consultant shall procure and maintain for the duration of the Agreement insurance <br />against claims for injuries to persons or damages to property which may arise from or in <br />connection with the performance of the work hereunder and the results of that work by the <br />Consultant, its agents, representatives, employees or subcontractors. <br />a. Minimum Scope and Limit of Insurance <br />1. Commercial General Liability (CGL): Insurance Services Office Form CG <br />00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $1,000,000 per occurrence. If a <br />general aggregate limit applies, either the general aggregate limit shall apply <br />separately to this projecttlocation (ISO CG 25 03 or 25 04) or the general <br />aggregate limit shall be twice the required occurrence limit. <br />2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code <br />1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos <br />(Code 9), with a limit no less than $1,000,000 per accident for bodily injury <br />and property damage. <br />3. Workers' Compensation: as required by the State of California, with <br />Statutory Limits, and Employer's Liability Insurance with limit of no less than <br />$1,000,000 per accident for bodily injury or disease. <br />4. Professional Liability (Errors and Omissions): insurance appropriate to the <br />Consultant's profession, with limit no less than $2,000,000 per occurrence or <br />claim, $2,000,000 aggregate. <br />5. Broader Coverage: if the Consultant maintains broader coverage and/or <br />higher limits than the minimums shown above, the City requires and shall be <br />entitled to the broader coverage and/or the higher limits maintained by the <br />Consultant. Any available insurance proceeds in excess of the specified <br />minimum limits of insurance and coverage shall be available to the City. <br />Page 3 of 11 <br />