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However, total payments to CONSULTANT pursuant to this Agreement, <br /> <br />including all such additional work, shall not exceed ,~479,033 without the approval of <br /> <br />OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, <br />PROGRAMS AND SYSTEMS <br /> <br /> Any and all records, papers, drawings, specifications, programs, systems and <br />other materials prepared by CONSULTANT, pursuant to this Agreement shall be the <br />property of CITY. CONSULTANT agrees to provide CITY with any such materials <br />whenever requested to do so. <br /> <br />8. HOLD HARMLESS CLAUSE <br /> <br /> CONSULTANT agrees to indemnify and hold harmless CITY, and its officers, <br />agents, representatives, volunteers and employees from any and all loss or damage, <br />and from any and all suits, actions and claims filed or brought by any person or <br />persons, however caused, arising out of CONSULTANT'S negligent per[ormance or <br />failure to perform, any and all things necessary to and required to be done by <br />CONSULTANT, pursuant to the specifications in the Agreement. <br /> <br />9. INSURANCE <br /> <br /> With respect to performance of work under this Agreement, CONSULTANT shall <br />maintain and shall require its subcontractors, if any, to maintain insurance as described <br />below: <br /> <br /> A. Worker's Compensation insurance with statutory limits, any employer's <br />liability insurance with limits not less than $1,000,000 per accident. <br /> <br /> B. Commercial general liability insurance, or equivalent form, with a <br />combined single limit of not less than $1,000,000 per occurrence. If such insurance <br />contains a general aggregate limit, such limit shall apply separately to each project <br />CONSULTANT performs for CITY. Such insurance shall (a) name CITY, its officers, <br /> <br /> <br />