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endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and <br />shall be approved in form by the City Attorney. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not <br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned <br />automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for <br />worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work <br />under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />d. Professional liability (errors and omissions) insurance, with a combined single limit of not less <br />than $1,000,000 per claim. <br />e. The following requirements apply to the insurance to be provided by Consultant pursuant to this <br />section: <br />(i) Consultant shall maintain all insurance required above in full force and effect for the <br />entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />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 or reduced in <br />coverage or changed in any other material aspect without thirty (30) days prior written <br />notice to the City. <br />f I£ Consultant fails or refuses to produce or maintain the insurance required by this section or fails <br />or refuses to furnish the City with required proof that insurance has been procured and is in force and paid <br />for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such <br />termination shall not effect Consultant's right to be paid for its time and materials expended prior to <br />notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the <br />City for any work performed prior to approval of insurance by the City. <br />INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, <br />consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just <br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including <br />health, and claims for property damage, which may arise due to negligent acts, omissions or willful <br />misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, <br />subcontractors, agents, employees, or other persons acting on their behalf which relates to the services <br />described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from <br />negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant <br />