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4. Professional Liability Insurance to provide coverage against any <br />claim which the consultant and all consultants engaged or employed <br />by the consultant become legally obligated to pay as damages <br />arising out of the performance of professional services caused by <br />error, omission or negligent act with minimum limits of $2,000,000 <br />per claim, $2,000,000 annual aggregate. <br />NOTE: If the insurance is written on a claims -made form, coverage <br />shall be continuous (by renewal or extended reporting period) for <br />not less than thirty-six (36) months following completion of the <br />contract and acceptance by the City of Paris. <br />B. With reference to the foregoing required insurance, the Consultant shall <br />endorse applicable insurance policies as follows: <br />1. A waiver of subrogation in favor of City of Paris, its officials, <br />employees, and officers shall be contained in the Workers' <br />Compensation insurance policy. <br />2. The City of Paris, its officials, employees and officers shall be <br />named as additional insureds on the Commercial General Liability <br />policy, by using endorsement CG2026 or broader; and, the City of <br />Paris shall be provided a defense to any and all claims and causes <br />of action arising out of or related to this Agreement as may be <br />provided pursuant to CONSULTANT's general liability insurance <br />policies. In this regard, CONSULTANT shall assist CITY to obtain <br />any defense provided by the CONSULTANT's general liability <br />insurance policies. <br />Nothing contained in Section XII of this Agreement shall be <br />interpreted or applied as limiting, reducing, or eliminating any <br />obligation or duty that CONSULTANT's insurance carrier may owe <br />to CITY as an additional insured, pursuant to endorsement CG2026 <br />or broader under the CONSULTANT's general liability insurance <br />policies required by this Agreement, to provide the CITY with a <br />defense and/or indemnify the CITY for any claim or cause of action, <br />whether one or more, regardless of the proportionate responsibility <br />or liability of the CONSULTANT or the CITY. Neither shall anything <br />contained in this Section VIII be interpreted or applied as providing <br />or otherwise entitling either CONSULTANT, CONSULTANT's <br />insurance carrier or any other party any right or ability to recover <br />over against CITY any amounts of money attributable to damages, <br />costs, expenses and/or attorneys' fees based on or arising out of a <br />finding of comparative or proportionate responsibility or liability as <br />against the CITY it being understood and agreed that CITY in no <br />Architectural / Engineering Services Contract <br />(Toole Design Group, LLC) Page 5 of 16 <br />