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regulations governing such services. Consultant shall pay all salaries and wages, benefits, <br />employer's social security taxes, unemployment insurance, and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br />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 />6. INSURANCE <br />a. Consultant shall procure and maintain for the duration of the contract insurance against <br />claims for injuries to persons or damages to property which may arise from or in connection <br />with the performance of the work hereunder and the results of that work by the Consultant, <br />his agents, representatives, employees or subcontractors. <br />b. Coverage shall be at least as broad as: <br />i. Automobile Liability: Insurance Services Office Form Number CA 0001 <br />covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) <br />and 9 (non -owned), with Imit no less than $1,000,000.00 per accident for bodily <br />injury and property damage. <br />ii. Primary Coverage: For any claims related to this contract, the Consultant's <br />insurance coverage shall be primary insurance primary coverage at least as broad <br />as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and <br />volunteers. Any insurance or self-insurance maintained by the City, its officers, <br />officials, employees, or volunteers shall be excess of the Consultant's insuranceand <br />shall not contribute with it. <br />c. Notice of Cancellation: Each insurance policy required above shall state that coverage shall <br />not be canceled, except with notice to the City. <br />d. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to <br />subrogation which any insurer of said Consultant may acquire against the City by virtue of <br />the payment of any loss under such insurance. Consultant agrees to obtain any endorsement <br />that may be necessary to affect this waiverof subrogation, but this provision applies <br />regardless of whether or not the City has received a waiver of subrogation endorsement <br />3 of 9 <br />