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available during working hours as often as may be reasonably required to render decisions and to <br /> furnish information. <br /> 6.1.2 The County shall be solely responsible for determining whether Consultant is <br /> performing according to the schedule referenced in Section 3.1.2. Upon County's written <br /> determination that Consultant is performing according to the referenced schedule, Consultant <br /> may submit an invoice for payment. It is agreed that County shall not unreasonably withhold its <br /> determination of satisfactory performance according to the referenced schedule. In the event the <br /> amount of an invoice is disputed County may withhold disputed amounts until the dispute is <br /> resolved by the parties. <br /> ARTICLE 7 INSURANCE AND INDEMNITY <br /> 7.1 General Requirements <br /> 7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability <br /> Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability <br /> Insurance, and any additional insurance as may be required by Owner's Risk Manager as such <br /> insurance requirements are described in the Orange County Risk Transfer Policy and Orange <br /> County Minimum Insurance Coverage Requirements (each document is incorporated herein by <br /> reference and may be viewed at http://orangecountync.gov/purchasing/contracts.asp). If <br /> Owner's Risk Manager determines additional insurance coverage is required such additional <br /> insurance shall be designated here professional liability insurance for $1,000,000 per occurrence <br /> (if no additional insurance required mark N/A as being not applicable). Consultant shall not <br /> commence work until such insurance is in effect and certification thereof has been received by <br /> the Owner's Risk Manager. <br /> 7.1.2 Consultant shall procure and maintain insurance as required by and set forth in <br /> this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent <br /> permitted by law, the total liability, in the aggregate, of Consultant and Consultant's officers, <br /> directors, partners, employees, agents and Consultant's consultants, and any of them, to Owner <br /> and anyone claiming by, through or under Owner, for any and all claims, losses, costs or <br /> damages whatsoever arising out of, resulting from or in any way related to the Project or the <br /> Agreement from any cause or causes, including but not limited to the negligence, professional <br /> errors or omissions, strict liability or breach of contract or warranty express or implied of <br /> Consultant or Consultant's officers, directors, partners, employees, agents or Consultant's <br /> consultants or any of them (hereafter "Owner's Claims"), shall not exceed the total insurance <br /> proceeds paid on behalf of or to Consultant by Consultant's insurers in settlement or satisfaction <br /> of Owner's Claims under the terms and conditions of Consultant's insurance policies applicable <br /> thereto. <br /> 7.2 Indemnity <br /> 7.2.1 The Consultant agrees to indemnify and hold harmless the County from all loss, <br /> liability, claims or expense, including attorney's fees, arising from a breach of the professional <br /> standard of care in its performance of the Project and arising from bodily injury including death <br /> or property damage to any person or persons caused in whole or in part by the negligence or <br /> misconduct of the Consultant except to the extent same are caused by the negligence or willful <br /> Revised 9/13 <br /> 4 <br />