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of this Agreement and shall be approved by the City. <br />(iii) Certificates and policies shall state that the policies shall not be <br />canceled or reduced in coverage or changed in any other material aspect <br />without thirty (30) days prior written notice to the City. <br />(iv) Where the amounts or coverage provided by the certificates of <br />insurance provides coverage greater than those listed by this Agreement, <br />the amounts provided by the certificates of insurance shall be incorporated <br />by reference into the Agreement. <br />(v) Consultant shall supply City with a fully executed additional insured <br />endorsement. <br />f. If Consultant fails or refuses to produce or maintain the insurance required <br />by this section or fails or refuses to furnish the City with required proof that <br />insurance has been procured and is in force and paid for, the City shall have the <br />right, at the City's election, to forthwith terminate this Agreement. Such termination <br />shall not affect Consultant's right to be paid for its time and materials expended <br />prior to notification of termination. Consultant waives the right to receive <br />compensation and agrees to indemnify the City for any work performed prior to <br />approval of insurance by the City. <br />INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability: (1) <br />for personal injury, damages, just compensation, restitution, judicial or equitable relief <br />arising out of claims for personal injury, including death, and claims for property damage, <br />which may arise from the direct or indirect operations of the Consultant or its contractors, <br />subcontractors, agents, employees, or other persons acting on their behalf which relates <br />to the services described in section 1 of this Agreement; and (2) from any claim that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due <br />by reason of the terms of or effects arising from this Agreement. This indemnity and hold <br />harmless agreement applies to all claims for damages, just compensation, restitution, <br />judicial or equitable relief suffered, or alleged to have been suffered, by reason of the <br />events referred to in this Section or by reason of the terms of, or effects, arising from this <br />Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs <br />for the defense of the City, including fees and costs for special counsel to be selected by <br />the City, regarding any action by a third party challenging the validity of this Agreement, <br />or asserting that personal injury, damages, just compensation, restitution, judicial or <br />equitable relief due to personal or property rights arises by reason of the terms of, or <br />effects arising from this Agreement. City may make all reasonable decisions with respect <br />to its representation in any legal proceeding. <br />