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to be insured against liability for worker's compensation or to undertake self-
<br /> insurance. Prior to commencing the performance of the work under this
<br /> Agreement, Consultant agrees to obtain and maintain any employer's liability
<br /> insurance with limits of$1,000,000 per accident.
<br /> d. The following requirements apply to the insurance to be provided by Consultant
<br /> pursuant to this section:
<br /> i. Consultant shall maintain all insurance required above in full force and
<br /> effect for the entire period covered by this Agreement.
<br /> ii. Certificates of insurance shall be furnished to the City upon execution of
<br /> this Agreement and shall be approved by the City.
<br /> iii. Notice of cancellation shall he provided in accordance with policy
<br /> provisions.
<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 /> 7. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br /> agents,employees,contractors,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, its subcontractors, agents, employees, or other persons
<br /> acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br /> from any claim that personal injury, damages,just compensation, restitution,judicial or equitable
<br /> relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
<br /> hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial
<br /> or equitable relief suffered,or alleged to have been suffered,by reason of the events referred to in
<br /> this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br /> further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including
<br /> fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br /> challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br /> compensation, restitution,judicial or equitable relief due to personal or property rights arises by
<br /> reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br /> decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing,
<br /> to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
<br /> shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br /> pertain to, or relate to the negligence,recklessness,or willful misconduct of the Consultant.
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