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policy shall provide coverage for Consultant's failure to provide professional services
<br /> and/or products under this Agreement. The Policy shall include, or be endorsed to include,
<br /> damage to, alteration of, loss of, or destruction of electronic data and/or information
<br /> "property" of Customer in the care, custody,or control of Consultant.
<br /> 5. Workers' Compensation as required by the State of California, with statutory limits, and
<br /> Employer's Liability insurance with limits of no less than $1,000,000 per accident,policy,
<br /> employee, for bodily injury or disease.
<br /> If Consultant maintains broader coverage and/or higher limits than the minimums shown above
<br /> for any line of coverage, Customer 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
<br /> specified minimum limits of insurance and coverage shall be available to Customer.
<br /> Other Insurance Provisions
<br /> To the extent not prohibited by Consultant's polices, the above required insurance policies are to
<br /> contain or be endorsed to contain the following provisions:
<br /> 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
<br /> are to be covered as additional insureds,under Consultant's CGL, AL and E&O policies, with
<br /> respect to any liability arising out of work or operations performed by or on behalf of the
<br /> Consultant including materials, parts, equipment, and personnel furnished in connection with
<br /> such work or operations.
<br /> 2. Consultant's Insurance companies agree to waive all rights of subrogation against City of Santa
<br /> Ana, 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 /> 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and
<br /> any insurance maintained by City of Santa Ana, its City Council, its officers, officials,
<br /> employees, agents, or volunteers shall not contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds, ensuring that
<br /> Consultant's insurance shall apply separately to each insured against whom a claim is made or
<br /> suit is brought,except with respect to the insurer's limits of liability.
<br /> 5. Insurance policies required herein shall provide that coverage shall not be canceled,suspended,
<br /> voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed
<br /> except after thirty (30) days prior written notice has been given to City. Ten (10) days prior
<br /> written notice shall be provided to City for policy cancellation or non-renewal due to non-
<br /> payment of premium.
<br /> 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br /> Attention: Finance and Management Services Agency, 20 Civic Center Dr.,M-17, Santa Ana,
<br /> CA 92701.The name and location of project must be included in the Description of Operations
<br /> j section of each certificate.
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