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a gree to abide by the provisions of the Minnesot a Data Practices Act, Minnesota Statutes 184 Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any 185 violation by the Consultant of statutes, ordinances, rules and regulations pertaining to the 186 Work to be performed shall constitute a material breach of this Agreement and entitle the 187 City to immediately terminate this Agreement. 188 189 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall 190 not affect, in any respect, the validity of the remainder of t his Agreement. 191 192 17. Indemnification. The Consultant agrees to defend, indemnify and hold the City, its 193 Council, officers, agents and employees harmless from any liability, claims, damages, 194 costs, judgments, or expenses, including reasonable attorney’s fee s, resulting directly or 195 indirectly from a negligent act or omission (including without limitation professional 196 errors or omissions) of the Consultant, its agents, employees, and/or subcontractors 197 pertaining to the performance of the Work provided pursuant to this Agreement and 198 against all losses by reason of the failure of said Consultant to fully perform, in any 199 respect, all of the Consultant’s obligations under this Agreement. 200 201 18. Insurance. 202 203 A. General Liability. Prior to starting the Work, the Consult ant shall procure, maintain 204 and pay for such insurance as will protect against claims for bodily injury or death, 205 and for damage to property, including loss of use, which may arise out of operations 206 by the Consultant or by any subcontractor of the Consulta nt, or by anyone employed 207 by any of them , or by anyone for whose acts any of them may be liable. Such 208 insurance shall include, but not be limited to, minimum coverages and limits of 209 liability specified in this Provision 18 or required by law. Except as otherwise stated 210 below, the policies shall name the City as an additional insured for the Work provided 211 under this Agreement and shall provide that the Consultant’s coverage shall be 212 primary and noncontributory in the event of a loss. 213 214 B. The Consultant shall procure and maintain the following minimum insurance 215 coverages and limits of liability with respect to the W ork: 216 217 Worker’s Compensation: Statutory Limits 218 219 Employer’s Liability $500,000 each accident 220 (Not needed for $500,000 disease policy limit 221 Minneso ta based $500,000 disease each employee 222 Consultant): 223 224 Commercial General Liability : $1,000,000 per occurrence 225 $2,000,000 general aggregate 226 $2,000,000 Products – Completed Operations 227 Aggregate 228 $100,000 fire legal liability each occurrence 229 ATTACHMENT A