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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 /> 7. INSURANCE <br /> Prior to undertaking performance of work under this Agreement,Consultant shall maintain <br /> and shall require any subcontractors to obtain and maintain insurance as described below for the <br /> entire Term of this Agreement against claims for injuries to persons or damage to property which <br /> may arise from or in connection with services, products and materials supplied to City. Total cost <br /> of such insurance shall be borne by Consultant. <br /> Minimum Scope and Limit of Insurance: <br /> • Commercial General Liability (CGL): Insurance Services Office Form CO 00 <br /> Olcovering CGL on an "occurrence"basis, including products and completed operations, <br /> property damage, bodily injury and personal & advertising injury with limits no less than <br /> $1,000,000 per occurrence and $2,000,000 aggregate, Required policy limits can be met <br /> with primary and umbrella/excess insurance policies. <br /> • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any <br /> auto), with limits no less than $1,000,000 combined single limits. In the event Consultant <br /> does not maintain commercial automobile liability insurance, City will accept evidence of <br /> personal automobile insurance. <br /> • Workers' Compensation: as required by the State of California, with Statutory Limits, <br /> and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, <br /> policy or employee, for bodily injury or disease.Coverage is not required if Consultant has <br /> no employees and signs request to waive such insurance. <br /> • Professional Liability Insurance: with limits no less than S1,000,000 per occurrence or <br /> claim, and$2,000,000 aggregate. <br /> • If Consultant maintains broader coverage and/or higher limits than the minimum <br /> requirements for each line of coverage shown above, City requires and shall be entitled to <br /> the broader coverage and/or the higher limits maintained by Consultant. Any available <br /> insurance proceeds in excess of the specified minimum limits of insurance and coverage <br /> shall be available to City. <br /> Other Insurance Provisions. The above required insurance policies are to contain or be endorsed <br /> to contain the following provisions: <br /> • City, its City Council, its officers, officials, employees, agents, and volunteers are to be <br /> covered as additional insureds, under Consultant's CGL, Professional Liability, and <br /> Automobile Liability policies,with respect to any liability arising out of work or operations <br /> performed by or on behalf of the Instructor including materials, parts, equipment, and <br /> personnel furnished in connection with such work or operations. <br /> • Consultant's Insurance company(ies)agrees to waive all rights of subrogation against City, <br /> its City Council, its officers, officials, employees, agents, and volunteers for losses paid <br /> under the terms of any policy which arise from work performed by Consultant under this • <br /> Agreement. <br /> Page 3 of 9 <br />