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<br /> <br />do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment <br />of damage for legal liability arising out of the performance of professional services for the City. Said <br />policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an <br />insured. <br /> <br />E. Consultant shall maintain in effect all insurance coverages required under this Agreement at <br />Consultant’s sole expense and with insurance companies licensed to do business in the state in <br />Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by <br />City in writing. In addition to the requirements stated above, the following applies to the insurance <br />policies required under this Paragraph: <br /> <br />a. All policies, except the Professional Liability Insurance policy, shall be written on an <br />“occurrence” form (“claims made” and “modified occurrence” forms are not acceptable); <br /> <br />b. All policies, except the Professional Liability Insurance policy, shall be applied on a “per <br />project” basis; <br /> <br />c. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, <br />shall contain a waiver of subrogation naming “the City of Elk River”; <br /> <br />d. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, <br />shall name “the City of Elk River” as an additional insured; <br /> <br />e. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, <br />shall insure the defense and indemnity obligations assumed by Consultant under this <br />Agreement; and <br /> <br />f. All policies shall contain a provision that coverages afforded thereunder shall not be <br />canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without <br />thirty (30) days prior written notice to the City. <br /> <br />A copy of the Consultant’s Certificate of Insurance which evidences the compliance with <br />this Paragraph 20, must be filed with City prior to the start of Consultant’s Work. Upon <br />request, a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as <br />applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to <br />City and shall provide satisfactory evidence that Consultant has complied with all insurance <br />requirements. Renewal certificates shall be provided to City prior to the expiration date of any of <br />the required policies. City will not be obligated, however, to review such Certificate of Insurance, <br />declaration page, 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 Consultant <br />from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations <br />hereunder. City reserves the right to examine any policy provided for under this paragraph. <br /> <br />F. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified <br />insurance, then Consultant will defend, indemnify and hold harmless the City, the City’s officials, <br />agents and employees from any loss, claim, liability and expense (including reasonable attorney’s fees <br />and expenses of litigation) to the extent necessary to afford the same protection as would have been <br />provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies <br />regardless of any strict liability or negligence attributable to the City (including sole negligence) and