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c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
<br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the
<br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. Professional liability (errors and omissions) insurance, with a combined single limit of
<br />not less than $1,000,000 per claim.
<br />e. The following requirements apply to the insurance to be provided by Consultant
<br />pursuant to this section:
<br />(i) Consultant shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of
<br />this Agreement in a form approved by the City Attorney.
<br />(iii) Certificates and policies shall state that the policies shall not be canceled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
<br />f. If Consultant falls or refuses to produce or maintain the insurance required by this
<br />-tion or fails or refuses to furnish the City with required proof that insurance has been procured
<br />d is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />'urinate this Agreement. Such termination shall not affect Consultant's right to be paid for its
<br />ze and materials expended prior to notification of termination. Consultant waives the right to
<br />:eive compensation and agrees to indemnify the City for any work performed prior to approval
<br />insurance by the City.
<br />INDEMNIFICATION
<br />Indemnication for Professional Liability. Where the law establishes a professional
<br />adard of care for Consultant's services, to the fullest extent permitted by law, Consultant shall
<br />emnify, defend and hold harmless the City, its officers, agents, and employees from and
<br />inst any and all losses, liabilities, damages, costs and expenses, including attorney's fees and
<br />is to the extent same are caused in whole or in part by any negligent or wrongful act, error or
<br />ission of Consultant, its officers, agents, employees or subconsultants in the performance of
<br />fessional services under this agreement.
<br />Indemnification for other than Professional Liability. Other than, in, the performance of
<br />fessional services and to the full extent permitted by law, Consultant shall indemnify, defend
<br />hold harmless City, its officers, agents, and employees from and against any liability
<br />.luding liability for claims, suits, actions, arbitration proceedings, administrative proceedings,
<br />ulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
<br />:atoned, including attorney's fees and costs, court costs, interest, defense costs, and expert
<br />ness fees), where the same arise out of, are a consequence of, or are in any way attributable
<br />in whole or in part, the performance of this agreement by Consultant or by any individual or
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