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REV: 02-27-25 MI <br />11.7. Acceptance by City of Consultant’s services and duties will not operate as <br />a waiver of City’s rights under this Section 11. <br />11.8. The parties expressly agree that this Section 11 will survive the expiration <br />or early termination of the Agreement. <br />12. Insurance. Consultant will obtain and maintain for the duration of the Agreement <br />and any and all amendments, insurance against claims for injuries to persons or damage <br />to property which may arise out of or in connection with performance of the Services by <br />Consultant or Consultant’s agents, representatives, employees or subcontractors. The <br />insurance carrier is required to maintain an A.M. Best rating of not less than “A-: VII”. <br />12.1. Coverages and Limits. Consultant, at its sole expense, will maintain the <br />types of coverages and minimum limits indicated below. These minimum amounts <br />of coverage will not constitute any limitations or cap on Consultant's <br />indemnification obligations under this Agreement. <br />12.1.1. Commercial General Liability Insurance. Consultant will <br />maintain occurrence based coverage with limits not less than $2,000,000 <br />per occurrence. If the submitted policies contain aggregate limits, such <br />limits will apply separately to the Services, project, or location that is the <br />subject of this Agreement or the aggregate will be twice the required per <br />occurrence limit. The Commercial General Liability insurance policy will be <br />endorsed to name the City, its officers, agents, employees and volunteers <br />as additional insureds, and to state that the insurance will be primary and <br />not contribute with any insurance or self-insurance maintained by the City. <br />12.1.2. Business Automobile Liability Insurance. Consultant will <br />maintain coverage with limits not less than $1,000,000 per each accident <br />for owned, hired and non-owned automobiles. For on-call services <br />agreements, the Business Automobile Liability insurance policy will be <br />endorsed to name the City, its officers, agents, employees and volunteers <br />as additional insureds, and to state that the insurance will be primary and <br />not contribute with any insurance or self-insurance maintained by the City. <br />12.1.3. Workers' Compensation Insurance and Employer's Liability <br />Insurance. Consultant will maintain coverage with limits not less than <br />$1,000,000 per each accident for bodily injury or disease, and as required <br />by the California Labor Code. The Workers’ Compensation policy will <br />contain an endorsement stating that the insurer waives any right to <br />subrogation against the City, its officers, agents, employees and volunteers. <br />ATTY/AGR.2025.034/HDL Software LLC (Business License Software and Services) (Page 5 of 25)