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harmless, the City and its officers, agents and employees (collectively "Indemnitees") from and
<br /> against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or
<br /> death of an employee of Consultant or its Subconsultants), expense, and liability of every kind,
<br /> nature and description (including, without limitation, incidental and consequential damages,
<br /> court costs, attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses
<br /> incurred in connection therewith and costs of investigation) arising from, or alleged to have
<br /> arisen from, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
<br /> reckless, or willful misconduct of the Consultant, any Subconsultant, anyone directly or
<br /> indirectly employed by them, or anyone that they control (collectively "Liabilities") in the
<br /> performance of its services under this Agreement, regardless of whether the City has reviewed or
<br /> approved the work or services which has given rise to the claim, loss, cost, damage, injury or
<br /> liability for damages. This indemnification shall extend for a reasonable period of time after
<br /> completion of the project as well as during the period of actual performance of services under
<br /> this Agreement. The City's acceptance of the insurance certificates required under this
<br /> Agreement does not relieve the Consultant from its obligation under this paragraph. To the
<br /> extent that there is an obligation to indemnify under this Section 13, Consultant shall be
<br /> responsible for incidental and consequential damages resulting directly or indirectly, in whole or
<br /> in part, from Consultant's negligence, reckless or willful misconduct.
<br /> Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply
<br /> to the extent such Liabilities are caused by the sole negligence, active negligence or willful
<br /> misconduct of such Indemnitee.
<br /> 14. Insurance. During the term of this Agreement, Consultant shall maintain in full
<br /> force and effect at its own cost and expense the following minimum insurance coverage, or such
<br /> greater or broader coverage if available in the Consultant's policies, with insures with an A.M.
<br /> Best's rating of no less than A:V l l:
<br /> a. General Liability and Bodily Injury Insurance. Commercial general
<br /> liability insurance with limits of at least$1,000,000 combined limit for bodily injury and
<br /> property damage that provides that the City, its officers, employees and agents are named
<br /> additional insureds under the policy. The policy shall state in writing either on the
<br /> Certificate of Insurance or attached rider that this insurance will operate as primary
<br /> insurance for work performed by Consultant and its subconsultants, and that no other
<br /> insurance effected by City or other named insured will be called on to cover a loss.
<br /> b. Automobile Liability Insurance. Automobile liability insurance with limits
<br /> not less than $1,000,000 per person/per occurrence.
<br /> c. Workers' Compensation Insurance. Workers' Compensation Insurance for all
<br /> of Consultant's employees, in strict compliance with State laws, including a waiver of
<br /> subrogation and Employer's Liability Insurance with limits of at least $1,000,000.
<br /> d. Professional Liability Insurance. Professional liability insurance in the
<br /> amount of$1,000,000.
<br /> Design Professionals Agreement-MIG.doc Page 4 of 7
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