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d. The following requirements apply to the insurance to be provided by Provider pursuant <br />to this section: <br />(i) Provider shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement, Certificates <br />of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City. <br />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 <br />thirty (30) days prior written notice to the City. <br />e. 1fProvider 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 been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not affect Provider's right to be paid for its <br />time and materials expended prior to notification of termination. Provider waives the right to <br />receive compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City, <br />6. INDEMNIFICATION <br />Provider agrees to and shall defend, indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including death, and claims for property damage, which may arise from the <br />direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, <br />or other persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement. The Provider 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 asserting personal injury, damages, just compensation, <br />restitution, judicial or equitable relief due to personal or property rights arising 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. This indemnification provision No. 6 shall <br />survive any expiration or termination of this Agreement. <br />CONFLICT OF INTEREST <br />Provider covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />8. FINGERPRINTS AND BACKGROUND CHECK <br />Provider, and any employees, subcontractors or substitutes, shall arrange for and submit <br />their fingerprints for a criminal background check through the Department of Justice through the <br />City's Unman Resources Department process. Consultant shall be responsible for all charges <br />Page 3 of 8 <br />