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A. Coverages and Limits. Consultant, at its sole expense shall maintain the types <br />of coverages and minimum limits indicated below, unless otherwise approved by <br />City in writing. These minimum amounts of coverage will not constitute any <br />limitations or cap on Consultant's indemnification obligations under this <br />Agreement. <br />i. Commercial General Liability Insurance. Consultant shall maintain <br />occurrence based coverage with limits not less than $2,000,000 per <br />occurrence. If the submitted policies contain aggregate limits, such limits <br />will apply separately to the Services, project, or location that is the subject <br />of this Agreement or the aggregate will be twice the required per <br />occurrence limit. The Commercial General Liability insurance policy shall <br />be endorsed to name the City, its officers, agents, employees and <br />volunteers as additional insureds, and to state that the insurance will be <br />primary and not contribute with any insurance or self-insurance <br />maintained by the City. <br />ii. Business Automobile Liability Insurance. Consultant shall maintain <br />coverage with limits not less than $250,000 per each accident for owned, <br />hired and non -owned automobiles. <br />iii. Professional Liability Insurance. Artist and Consultant shall each <br />maintain coverage with limits not less than $1,000,000 per occurrence. <br />Professional Liability may be written as claims -made coverage. <br />B. Notice of Cancellation. This insurance will be in force during the life of the <br />Agreement and any extensions of it and will not be canceled without Consultant <br />providing thirty (30) days prior written notice to City sent pursuant to the Notice <br />provisions of this Agreement. <br />C. Providing Certificates of Insurance and Endorsements. Prior to City's execution <br />of this Agreement, Consultant shall provide to City certificates of insurance and <br />above -referenced endorsements sufficient to satisfaction of City's Risk Manager. <br />In no event shall Consultant commence any work or provide any Services under <br />this Agreement until certificates of insurance and endorsements have been <br />accepted by City's Risk Manager. <br />D. Failure to Maintain Coverage. If Consultant fails to comply with these insurance <br />requirements, then City will have the option to declare Consultant in breach, or <br />may purchase replacement insurance or pay the premiums that are due on <br />existing policies in order to maintain the required coverages. Consultant is <br />responsible for any payments made by City to obtain or maintain insurance and <br />City may collect these payments from Consultant or deduct the amount paid from <br />any sums due Consultant under this Agreement. <br />E. Submission of Insurance Policies. City reserves the right to require, at any time, <br />complete copies of any or all required insurance policies and endorsements. <br />12. LIMITATION ON CITY'S LIABILITY. CITY'S PAYMENT OBLIGATIONS UNDER <br />THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION <br />PROVIDED FOR IN THIS AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF <br />REV: 11-21-16 JS <br />Page 5 of 15 <br />ATTY/AGR.2016.323/Purchase Agreement for Artwork - Kabakov - Fung <br />