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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 wairnnts 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 />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 />1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 <br />covering 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 />$2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met <br />with primary and umbrella/excess insurance policies. <br />2.Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any <br />auto (Code 1 ), with limits no less than $1,000,000 combined single limits. In the event the <br />Consultant does not maintain commercial automobile liability insurance, City will accept <br />evidence of personal automobile insurance. <br />3.Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above <br />is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant <br />shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of <br />no less than $1,000,000 per occurrence or claim. <br />4.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 for <br />bodily injury or disease. Coverage is not required if Consultant has no employees and signs <br />request to waive such insurance. <br />5.Professional Liability (Errors and Omissions): with limits no less than $1,000,000 <br />per occurrence or claim, and $2,000,000 aggregate. <br />If Consultant maintains broader coverage and/or higher limits than the minimum requirements for <br />each line of coverage shown above, City requires and shall be entitled to the broader coverage <br />and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of <br />the specified minimum limits of insurance and coverage shall be available to City. <br />Page 3 of9 <br />#2048015v l <br />EXHIBIT 1