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11 RIGHTS IN DATA U <br />11.1 All work products provided by CONSULTANT to CLIENT shall be deemed to be work -for - <br />hire and shall belong to CLIENT ("Work Product"). Methodologies and other instruments of service <br />used to prepare the Work. Product shall remain the property of CONSULTANT. Any modification or <br />reuse of the Work Product without written verification or adaptation by CONSULTANT for the <br />specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to <br />CONSULTANT or to CONSULTANT's subcontractors and subconsultants. <br />12 INSURANCE <br />12.1 CONSULTANT will furnish to CLIENT copies of insurance certificates evidencing that it <br />maintains the following coverages while performing Services, subject to the terms and conditions of <br />the policies: <br />TYPE AMOUNT <br />Workers Compensation <br />Statutory <br />Employers' Liability <br />$1,000,000 policy limit <br />Commercial General Liability <br />$1,000,000 per occurrence; $2,000,000 aggregate <br />Automobile Liability <br />$1,000,000 per occurrence <br />Professional Liability <br />$1,000,000'aggregate <br />Prior to the CONSULTANT performing any Work, CONSULTANT shall provide CLIENT with a <br />Certificate of Insurance acceptable to the City Attorney evidencing the above -required insurance and <br />evidence of an endorsement naming the City of Everett, its officers, employees and agents, as <br />Additional Insureds on the Commercial General Liability Insurance policy and the Business <br />Automobile Liability Insurance policy with respect to the services provided under this Agreement. <br />Such insurance shall apply as primary insurance on behalf of such Additional Insureds. The above <br />liability policies shall contain a.provision that the policy shall not be canceled or materially changed <br />without 30 days prior written notice to the CLIENT. If the above -referenced Professional <br />Liability Insurance Policy is on a claims made policy form, the retroactive date on the policy <br />shall be the effective date of this Agreement or prior. <br />13 INDEMNITY <br />13.1 CONSULTANT agrees to indemnify CLIENT, its officers, directors and employees, from <br />loss or damage for bodily injury or property damage, ("Claims"), to the extent caused by the <br />negligence or willful misconduct of CONSULTANT in the performance of the Services. This <br />obligation to indemnify CLIENT shall not impose any obligation on CONSULTANT that exceeds <br />the Limitation of Liability provisions set forth below. <br />13.2 CLIENT agrees that CONSULTANT did not design or construct the dam and is not <br />responsible for the routine operations and maintenance of the dam. In addition, the CLIENT agrees <br />that the compensation paid to CONSULTANT is in no way commensurate with, and has not been <br />calculated with reference to, the potential risk of injury or other loss which may be caused by a <br />failure of the dam except to the extent that such failure is attributable to the negligence of <br />CONSULTANT. Therefore, CLIENT agrees to indemnify CONSULTANT, its officers, directors <br />and employees, from Claims arising from or related to the Services except to the extent caused by the <br />negligence or willful misconduct of CONSULTANT in the performance of the Services. <br />13.3 IN NO EVENT SHALL CONSULTANT BE LIABLE FOR ANY INDIRECT, <br />INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING <br />,J u <br />M <br />