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additional insured endorsement in substantially the form attached hereto as Exhibit B <br />upon execution of this Agreement and shall be approved in form by the City <br />Attorney. <br />b. 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 <br />insured against liability for worker's compensation or to undertake self - insurance. <br />Prior to commencing the perfonnance of the work under this Agreement, Consultant <br />agrees to obtain and maintain any employer's liability insurance with limits not less <br />than $1,000,000 per accident. <br />c. 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 famished to the City upon execution of <br />this Agreement and shall be approved in form 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 />d. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not affect <br />Consultant's right to be paid for its time and materials expended prior to notification <br />of termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the City. <br />7. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including health, and claims for property damage, which may arise due to <br />negligent acts, omissions or willful misconduct, from the direct or indirect operations of the <br />Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their <br />behalf which relates to the services described in section 1 of this Agreement; and (2) from any <br />claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is <br />due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent <br />acts, omissions or willful misconduct in the performance of this Agreement. <br />3 <br />