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<br />5. Insurance. During the performance of the Services under this Agreement, Consultant shall
<br />maintain the following insurance.
<br />
<br />a. General Liability Insurance, with a combined single limit of $1,000,000 for each
<br />occurrence and $1,000,000 in the aggregate.
<br />
<br />b. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
<br />person and $1,000,000 for each accident.
<br />
<br />c. Workers' Compensation Insurance in accordance with statutory requirements and
<br />Employers' Liability Insurance, with a limit of $500,000 for each occurrence.
<br />
<br />d. Professional Liability Insurance, with a limit of $5,000,000 annual aggregate,
<br />
<br />Consultant shall, upon written request, furnish Owner certificates of insurance which shall
<br />include a provision that such insurance shall not be canceled without at least thirty days' written
<br />notice to City. The Consultant shall include the City as additional insureds on their General
<br />Liability Insurance policies, All project contractors shall be required to include City and
<br />Consultant as additional insureds on their General Liability insurance policies, and shall be
<br />required to indemnity City and Consultant to the same extent.
<br />
<br />Consultant and City waive all rights against each other and their directors, officers, partners,
<br />commissioners, officials, agents, and employees for damages covered by property insurance
<br />during and after the completion of the Services.
<br />
<br />6, Liability and Indemnification.
<br />
<br />a. General. Having considered the potential liabilities that may exist during performance
<br />of the Services, the benefits of the Project, and the Consultant's fee for the Services, and
<br />in consideration of the promises contained in this Agreement, City and Consultant agree
<br />to allocate and limit such liabilities in accordance with this Article.
<br />
<br />b. Indemnification. Consultant and City each agrees to defend, indemnify, and hold
<br />harmless each other, its agents and employees, from and against legal liability for all
<br />claims, losses, damages and expenses to the extent such claims, losses, damages or
<br />expenses are caused by its negligent acts, errors or omission. In the event such claims.
<br />losses, damages or expenses are caused by the joint or concurrent negligence of
<br />Consultant and City, they shall be borne by each party in proportion to its own
<br />negligence.
<br />
<br />c. Employee Claims. Consultant shall indemnify City against legal liability for damages
<br />arising out of claims by Consultant's employees. City shall indemnify Consultant against
<br />legal liability for damages arising out of claims by City's employees.
<br />
<br />d. Survival. Upon completion of all Services, obligations and duties provided for in this
<br />Agreement, or if this Agreement is terminated for any reason, the terms and conditions of
<br />this article shall survive,
<br />
<br />7 _ Opinions of Cost and Schedule. Since Consultant has no control over the cost of labor,
<br />materials or equipment furnished by others, or over the resources provided by others to meet
<br />Project schedules, Consultant's opinion of probable costs and of Project schedules shall be made
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