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be limited in any way in its use of the Documents and Data at any time, provided that any such use not
<br />within 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 and
<br />shall require any subcontractors to obtain and maintain insurance as described below for the entire Term
<br />of this Agreement against claims for injuries to persons or damage to property which may arise from or
<br />in connection with services, products and materials supplied to City. Total cost of such insurance shall
<br />be borne by Consultant.
<br />Minimum Scope and Limit of Insurance:
<br />• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
<br />CGL on an "occurrence" basis, including products and completed operations, property damage,
<br />bodily injury and personal & advertising injury with limits no less than $1,000,000 per
<br />occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and
<br />umbrella/excess insurance policies.
<br />• Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto),
<br />with limits no less than $1,000,000 combined single limits.
<br />• Workers' Compensation: as required by the State of California, with Statutory Limits,. and
<br />Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or,
<br />employee, for bodily injury or disease.
<br />• Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim,
<br />and $2,000,000 aggregate.
<br />If Consultant maintains broader coverage and/or higher limits than the minimum requirements
<br />for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or
<br />the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified
<br />minimum limits of insurance and coverage shall be available to City.
<br />Other Insurance Provisions. The above required insurance policies are to contain or be
<br />endorsed to contain the following provisions:
<br />City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered
<br />as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability
<br />policies, with respect to any liability arising out of work or operations performed by or on behalf
<br />of the Instructor including materials, parts, equipment, and personnel furnished in connection
<br />with such work or operations.
<br />Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its
<br />City Council, its officers, officials, employees, agents, and volunteers for losses paid under the
<br />terms of any policy which arise from work performed by Consultant under this Agreement.
<br />For any claims related to this contract, Consultant's insurance coverage shal l be primary and any
<br />insurance maintained by City, its City Council, its officers, officials, employees, agents, or
<br />volunteers shall not contribute with it.
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