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City and its officers, agents and employees (collectively "Indemnitees") from and against any
<br />and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an
<br />employee of Consultant or its Subconsultants), expense, and liability of every kind, nature and
<br />description (including, without limitation, incidental and consequential damages, court costs,
<br />attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in
<br />connection therewith and costs of investigation) that arising from, or alleged to have arisen from,
<br />pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, reckless, or
<br />willful misconduct of the Consultant, any Subconsultant, anyone directly or indirectly employed
<br />by them, or anyone that they control (collectively "Liabilities") in the performance of its services
<br />under this Agreement, regardless of whether the City has reviewed or approved the work or
<br />services which has given rise to the claim, loss, cost, damage, injury or liability for damages.
<br />This indemnification shall extend for a reasonable period of time after completion of the project
<br />as well as during the period of actual performance of services under this Agreement. The City's
<br />acceptance of the insurance certificates required under this Agreement does not relieve the
<br />Consultant from its obligation under this paragraph. To the extent that there is an obligation to
<br />indemnify under this Section 13, Consultant shall be responsible for incidental and consequential
<br />damages resulting directly or indirectly, in whole or in part, from Consultant's negligence,
<br />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 insurance coverage with insures with
<br />an A.M. Best's rating of no less than A:VII:
<br />a. General Liability and Bodily Injury Insurance. Commercial
<br />general liability insurance with limits of at least $1,000,000 combined limit for bodily
<br />injury and property damage that provides that the City, its officers, employees and agents
<br />are named additional insureds under the policy. The policy shall state in writing either on
<br />the 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
<br />limits not less than $1,000,000 per person per occurrence.
<br />c. Workers' Compensation Insurance. Workers' Compensation Insurance for
<br />all 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.
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