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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 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. 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 />Page 4 of 7 <br />