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be insured against liability for worker's compensation or to undertake self-insurance. Prior to <br />commencing the performance of the work under this Agreement, CONSULTANT agrees to <br />obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per <br />accident. <br />b. The following requirements apply to the insurance to be provided by <br />CONSULTANT pursuant to this section: <br />(i) CONSULTANT shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to CITY within (30) days of <br />the execution of this Agreement and shall be approved by CITY. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without thirty (30) days prior <br />written notice to CITY. <br />C. If CONSULTANT fails or refuses to produce or maintain the insurance required <br />by this section or fails or refuses to furnish CITY with required proof that insurance has been <br />procured and is in force and paid for, CITY shall have the right, at CITY's election, to forthwith <br />terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid <br />for its time and materials expended prior to notification of termination. CONSULTANT waives <br />the right to receive compensation and agrees to indemnify CITY for any work performed prior to <br />approval of insurance by CITY. <br />INDEMNIFICATION <br />CONSULTANT agrees to and shall indemnify and hold harmless the City of Santa Ana, <br />its officers, agents, employees, consultants, special counsel, and representatives from liability: <br />(1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising <br />out of claims for personal injury, including health, and claims for property damage, which may <br />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 to the <br />services described in section I of this Agreement; and (2) from any claim that personal injury, <br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms <br />of or effects arising from this Agreement. This indemnity and hold harmless agreement applies <br />to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or <br />alleged to have been suffered, by reason of the events referred to in this Section or by reason of <br />the terms of, or effects, arising from this Agreement. The CONSULTANT further agrees to <br />indemnify, hold harmless, and pay all costs for the defense of CITY, including fees and costs for <br />special counsel to be selected by CITY, regarding any action by a third party challenging the <br />validity of this Agreement, or asserting that personal injury, damages, just compensation, <br />restitution, judicial or equitable relief due to personal or property rights arises by reason of the <br />terms of, or effects arising from this Agreement. CITY may make all reasonable decisions with <br />respect to its representation in any legal proceeding. <br />25C-8 <br />