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(d) Professional Liability or Error and Omissions Insurance A policy of insurance in an amount not less than $1,000,000,00 per claim or as is customary for the work to be performed under this contract with respect to loss arising from the actions of Consultant perforating professional services hereunder onbehalf ofthe City. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverage and said Certificates of insurance or binders are approved by the City. The Consultant agrees that the provisions of this Section 4,1 shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person orpersons for which the Consultant is otherwise responsible, The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Ivey Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Attorney due to unique circurnstances. 4.2 Indemnification. Consultant agrees to defend and indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorney's fees, or paying any judgment (herein "claims or liabilities ") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the work or services of the Consultant, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of the Consultant hereunder, or arising from the Consultant's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct ofthc City. 3 -121