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c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
<br />the Labor Code, Consultant, if Consultant has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self-insurance. Prior to
<br />commencing the performance of the work Linder this Agreement, Consultant agrees to
<br />obtain and maintain any employer's liability insurance with limits not less than $1,000,000
<br />per accident.
<br />d. If Consultant is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single limit of not
<br />less than $1,000,000 per claim with $2,000,000 in the aggregate.
<br />C. The following requirements apply to the insurance to be provided by Consultant pursuant
<br />to this section:
<br />i. Consultant shall maintain all insurance required above in full force and effect for
<br />the 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 by the City.
<br />iii. Certificates and policies shall state that the policies shall not be canceled or reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior
<br />written notice to the City.
<br />iv. Consultant shall supply City with a fully executed additional insured endorsement.
<br />If Consultant fails or refuses to produce or maintain the insurance required by this section
<br />or fails or refuses to furnish the City with required proof that insurance has been procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />terminate this Agreement. Such termination shall not affect Consultant's right to be paid
<br />for its time and materials expended prior to notification of termination. Consultant waives
<br />the right to receive compensation and agrees to indemnify the City for any work performed
<br />prior to approval of insurance by the City.
<br />7. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and claims for property damage, which may arise from the negligent operations
<br />of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates
<br />to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
<br />damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br />suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
<br />from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
<br />action by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
<br />by reason of die terms of, or effects arising from this Agreement. City ,may make all reasonable decisions
<br />with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
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