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Agreement for Professional and Software Services Host Compliance LLC 6.2 Non -Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City, which shall not be unreasonably withheld. 6.3 Non -Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments. 6.4 Insurance. Consultant will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Scope of Work by Consultant or Consultant's agents, representatives, or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A-: VIP'. 6.4.1 Coverages and Limits. Consultant, at its sole expense, will maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. (a) Commercial General Liability Insurance. Consultant will maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy will be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. (b) Business Automobile Liability Insurance. Consultant will maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non -owned automobiles. (c) Workers Compensation Insurance. Consultant will maintain coverage as required by the California Labor Code. The Workers' Compensation policy will contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees and volunteers. (d) Employer's Liability Insurance. Consultant will maintain coverage with limits not less than $1,000,000 per each accident for bodily injury or disease. (e) Professional Liability Insurance. Consultant will maintain coverage with limits not less than $1,000,000 per occurrence. Professional Liability may be written as claims - made coverage. (1) _ Cyber Liability Insurance. Vendor must carry Cyber Liability Insurance with limits not less than $1,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, REV: 10-03-18 PR Page 4 of 13 ATTY/AGR.2018.240/Host Compliance