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d. Professional Liability Insurance. Professional liability insurance in the amount <br />of $1,000,000. <br /> <br /> e. Certificate of Insurance. Consultant shall file a certificate of insurance <br />with the City prior to the City's execution of this Agreement, and prior to engaging in any <br />operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in <br />writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, <br />reduced in coverage or in limits without providing thirty (30) days prior written notice by <br />certified mail, return receipt requested, has been given to the City. In addition, the insured shall <br />provide thirty (30) days prior written notice to the City of any suspension, cancellation, reduction <br />of coverage or in limits, or voiding of the insurance coverage required by this agreement. The <br />City reserves the right to require complete certified copies of policies. <br /> <br /> f. Waiver of Subrogation. The insurer agrees to waive all rights of <br />subrogation against the City, its officers, employees and agents. <br /> <br /> g. Defense Costs. Coverage shall be provided on a "pay on behalf' of basis, <br />with defense costs payable in addition to policy limits. There shall be no cross liability <br />exclusions. <br /> <br /> h. Subcontractors. Consultant shall include all subcontractors as insured <br />under its polices or shall furnish separate certificates and endorsements for each subcontractor. <br />All coverages for subcontractors shall be subject to all of the requirements stated in this <br />Agreement, including but not limited naming additional insureds. <br /> <br /> 15. Notices. All notices herein required shall be in writing and shall be sent by <br />certified or registered mail, postage prepaid, addressed as follows: <br /> <br />To Consultant: Patrick Kelleher, Owner To City: City Manager <br /> Lynx Technologies City of Pleasanton <br /> 1350 41st Avenue, Suite 202 P.O. Box 520 <br /> Capitola, CA 95010 Pleasanton, CA 94566 <br /> <br /> 16. Conformance to Applicable Laws. Consultant shall comply with all applicable <br /> Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in <br /> the employment of persons or in the provision of services under this Agreement on the basis of <br /> any legally protected classification, including race, color, national origin, ancestry, sex or <br /> religion of such person. <br /> <br /> 17. Licenses~ Certifications and Permits. Prior to the City's execution of this <br /> Agreement and prior to the Consultant's engaging in any operation or activity set forth in this <br /> Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in <br /> effect during the term of this Agreement. Consultant covenants that it has obtained all <br /> certificates, licenses, permits and the like required to perform the services under this Agreement. <br /> <br /> 11/04 Page 4 of 6 <br /> <br /> <br />