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(iv) 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 by this <br />section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement, Such termination shall not affect <br />Consultant's right to be paid for its time and materials expended prior to notification <br />of termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the <br />City. <br />8. INDEMNIFICATION <br />Consultant agrees to defend, and shall indemnify and, hold harmless the City, its officers, <br />agents, employees, consultdnts, special counsel, and representatives from liability, (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including death, and claims for property damage, which may arise from the <br />negligent operations of the Consultant or its subconsultants, agents, employees, or other persons <br />acting on their behalf which relates to the services described in section 1 of this Agreement; and <br />(2) fiom any claim that personal injury, damages, just compensation, restitution, judicial or <br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This <br />indemnity and hold harmless agreement applies to all claims for damages, just compensation, <br />restitution, 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 for the <br />defense of the City, including fees and costs for special counsel to be selected by the City, <br />regarding any action by a third party challenging the validity of this Agreement, or asserting that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal <br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City <br />may make all reasonable decisions with respect to its representation in any legal proceeding. <br />Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code <br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section <br />2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful <br />misconduct of the Consultant. <br />9. INTELLECTUAL PROPERTY INDEMNIFICATION <br />Consultant shall defend, indemnify and hold harmless the City, its officers, agents, <br />representatives, and employees against any and all liability, including costs, and attorney's fees, <br />for infringement of any United States' letters patent, trademark, or copyright contained in the work <br />product or documents provided by Consultant to the City pursuant to this Agreement. <br />10. RECORDS <br />Consultant shall keep records and invoices in connection with the work to be performed <br />Page 4 of 8 <br />