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December 1, 2007 <br />ability to engage in consultations, evaluations or representation under agreement with other <br />• agencies, firms, facilities, or attorneys so long as no conflict exists. <br />G2. A conflict of interest warranting termination of the Agreement includes, but is not <br />necessarily limited to, representing a client in a adversarial proceeding against the Foundation or <br />Governance Committee, its agencies, boards, commissions, or initiating suits in equity including <br />injunctions, declaratory judgments, writs of prohibition or quo warranto. <br />H. Insurance. The Consultant shall obtain the following insurance coverages and provide the <br />corresponding certificates of insurance: <br />H.1 Commercial General Liability Insurance. Consultant shall provide coverage <br />during the entire term of the Agreement against claims arising out of bodily injury, death, <br />damage to or destruction of the property of others, including loss of use thereof, and including <br />products and completed operations in an amount not less than Two Hundred Fifty Thousand <br />Dollars ($250,000.00) per claimant and Five Hundred Thousand Dollars ($500,000.00) per <br />occurrence. <br />H.2 Business Automobile Liability Insurance. Consultant shall maintain, during the <br />entire term of the Agreement, automobile liability insurance in an amount not less than Five <br />Hundred Thousand Dollars ($500,000.00) per occurrence. <br />• H.3 Workers' Compensation or Employers' Liability Insurance. The Consultant <br />shall provide proof of workers' compensation coverage pursuant to the Nebraska Workers' <br />Safety and Compensation program, if statutorily required, or such other workers' compensation <br />insurance as appropriate. Consultant's insurance shall include "Stop Gap" coverage in an <br />amount not less than Five Hundred Thousand Dollars ($500,000.00) per employee for each <br />accident and disease. <br />H.4 Professional Liability or Errors and Omissions Liability Insurance. The <br />Consultant shall provide proof of professional liability insurance or errors and omissions liability <br />insurance to protect the Foundation and Governance Committee from any and all claims arising <br />from the Consultant's alleged or real professional errors, omissions or mistakes in the <br />performance of professional duties in an amount not less than Five Hundred Thousand Dollars <br />($500,000.00). <br />1. TaxeS. The Consultant shall pay all taxes and other such amounts required by federal, state <br />and local law, including but not limited to federal and social security taxes, workers' <br />compensation, unemployment insurance and sales taxes. <br />J. Force Majeure. Neither party shall be liable for failure to perform under this Agreement <br />if such failure to perform arises out of causes beyond the control and without the fault or <br />• negligence of the nonperforming party. Such causes may include, but are not limited to, acts of <br />God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and