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as to be non -infringing, or (c) if neither (a) nor (b) is available to Consultant at a <br />commercially reasonable terms, terminate this Agreement upon written notice to City. <br />11. Insurance. Consultant shall obtain and maintain for the duration of the <br />Agreement and any and all amendments, insurance against claims for injuries to <br />persons or damage to property which may arise out of or in connection with <br />performance of the Services by Consultant or Consultant's agents, representatives, <br />employees or subcontractors. The insurance carrier is required to maintain an A.M. <br />Best rating of not less than "A-: VII". <br />11.1 Coverages and Limits. Consultant, at its sole expense, shall maintain the <br />types of coverages and minimum limits indicated below, unless otherwise <br />approved by City in writing. These minimum amounts of coverage will not <br />constitute any limitations or cap on Consultant's indemnification obligations under <br />this Agreement. <br />11.1.1 Commercial General Liabilitv Insurance. Consultant shall maintain <br />occurrence based coverage with limits not less than $1,000,000 per <br />occurrence and $2,000,000 aggregate. If the submitted policies contain <br />aggregate limits, such limits will apply separately to the Services, project, <br />or location that is the subject of this Agreement or the aggregate will be <br />twice the required per occurrence limit. The Commercial General Liability <br />insurance policy shall be endorsed to name the City, its officers, agents, <br />employees and volunteers as additional insureds, and to state that the <br />insurance will be primary and not contribute with any insurance or self- <br />insurance maintained by the City. <br />11.1.2 Business Automobile Liability Insurance. Consultant shall maintain <br />coverage with limits not less than $1,000,000 per each accident for <br />owned, hired and non -owned automobiles. <br />11.1.3 Workers' Compensation Insurance. Consultant shall maintain <br />coverage as required by the California Labor Code. The Workers' <br />Compensation policy shall contain an endorsement stating that the insurer <br />waives any right to subrogation against the City, its officers, agents, <br />employees and volunteers. <br />11.1.4 Emplover's Liability Insurance. Consultant shall maintain coverage <br />with limits not less than $1,000,000 per each accident for bodily injury or <br />disease. <br />11.1.5 Professional Liabilitv Insurance. Consultant shall maintain coverage <br />with limits not less than $1,000,000 per occurrence. Professional Liability <br />may be written as claims -made coverage. <br />REV: 01-17-17 MI Page 4 of 22 <br />ATTY/AGR.2017.010/EMG Corp FCA <br />