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Consultant, if such legal liability is caused by an error, omission, or negligent act of the <br />insured or any person or organization for whom the insured is legally liable. Said policy <br />shall provide an aggregate limit of at least $2,000,000. Said policy shall not name the <br />City as an insured. A copy of the Consultant's insurance declaration page, Rider <br />and/or Endorsement, as applicable, which evidences the compliance with this <br />Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such <br />documents evidencing Insurance shall be in a form acceptable to City and shall provide <br />satisfactory evidence that Consultant has complied with all insurance requirements. <br />Renewal certificates shall be provided to City prior to the expiration date of any of the <br />required policies. City will not be obligated, however, to review such declaration page, <br />Rider, Endorsement or certificates or other evidence of insurance, or to advise <br />Consultant of any deficiencies in such documents and receipt thereof shall not relieve <br />Consultant from, nor be deemed a waiver of, City's right to enforce the terms of <br />Consultant's obligations hereunder. City reserves the right to examine any policy <br />provided for under this paragraph. <br />C. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the <br />specified insurance, then Consultant will defend, indemnify and hold harmless the City, the <br />City's officials, agents and employees from any loss, claim, liability and expense (including <br />reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the <br />same protection as would have been provided by the specified insurance. Consultant <br />agrees that this indemnity shall be construed and applied in favor of indemnification. <br />Consultant also agrees that if applicable law limits or precludes any aspect of this <br />indemnity, then the indemnity will be considered limited only to the extent necessary to <br />comply with that applicable law. The stated indemnity continues until all applicable <br />statutes of limitation have run. <br />If a claim arises within the scope of the stated indemnity in this subparagraph 20 C, the <br />City may require Consultant to: <br />a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance <br />of the indemnity obligation; or <br />b. Furnish a written acceptance of tender of defense and indemnity from Consultant's <br />insurance company <br />Consultant will take the action required by the City within fifteen (15) days of receiving <br />notice from the City. <br />22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in <br />connection with the performance of the Agreement except for personal notes and writings of <br />Consultant's attorneys, staff, agents and subcontractors ("Information") shall become the property <br />of the City, but Consultant may retain copies of such documents as records of the services <br />provided. The City may use the Information for its purposes and the Consultant also may use the <br />Information for its purposes. Use of the Information for the purposes of the project contemplated by <br />this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of <br />the Information by the City or the Consultant beyond the scope of the Project is without liability to <br />the other, and the party using the Information agrees to defend and indemnify the other from any <br />claims or liability resulting therefrom. <br />5 <br />