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and endorsements shall be delivered to City prior to commencement of the Services. <br />6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability <br />insurance throughout the duration of this Agreement in the amount of one million dollars <br />($1,000,000) per claim made. Certificate of liability insurance and endorsement shall be <br />delivered to City prior to commencement of the Services. <br />6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, <br />with minimum limits of one million ($1,000,000) per occurrence, combined single limit for <br />bodily injury liability and property damage liability. This coverage shall include all <br />consultant owned vehicles used on the project, hired and non -owned vehicles, and employee <br />non -ownership vehicles. The City shall be named as an additional insured and a certificate <br />of insurance shall be delivered to City prior to commencement of the Services. <br />ARTICLE 7 - GENERAL CONSIDERATIONS <br />7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions <br />of this Agreement the prevailing party shall, in addition to any costs and other relief, be <br />In <br />entitled to the recovery of its reasonable attorneys' fees. <br />7.2 Consultant shall not assign any of the Services required by this Agreement except with the <br />prior xvritten approval of City and in strict compliance with the terms and conditions of this <br />Agreement. <br />7.3 Consultant's key personnel for the Project shall be Christopher Hardy. Consultant agrees that <br />Mr. Hardy shall not be replaced without the prior consent of City. <br />7.4 Consultant and City agree that Consultant is for all purposes under this Agreement an <br />independent contractor with respect to services provided pursuant to this Agreement and not <br />an employee of City. All personnel employed or retained by Consultant are for its account <br />only, and in no event shall Consultant or any personnel retained by it be deemed to have been <br />employed by City or engaged by City for the account of, or on behalf of, City. Consultant <br />shall supply all tools and instrumentalities required by it to perform the Services described <br />in this A I I Agreement. Nothing in this Agreement shall be considered to create the relationship <br />of employer and employee between the parties. <br />employee <br />T5 Nothing in this Agreement shall give Consultant authority with respect to any City decision <br />bevond the Services described herein, <br />7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon <br />completion and acceptance of the Services by City. <br />J:�,City Council Reports"Yublic Works,Agreemiit-Ilarkcenter.wpd 4 <br />