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d. If Provider fails or refuses to produce or maintain the insurance required by this section <br />or fails or refuses to furnish the City with required proof that insurance has been procured and is <br />in force and paid for, the City shall have the right, at the City's election, to terminate this <br />Agreement. Such termination shall not affect Provider's right to be paid for its time and materials <br />expended prior to notification of termination. Provider waives the right to receive compensation <br />and agrees to indemnify the City for any work performed prior to approval of insurance by the <br />City. <br />G- 1117MM C14111MM"fro <br />Provider agrees to and shall indemnify, defend and hold harmless the City, its officers, <br />agents, employees, consultants, 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 Provider or its contractors, subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, <br />to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is <br />caused by the negligence of the Provider. This indemnity and hold harmless agreement applies to <br />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. City may make all reasonable decisions with <br />respect to its representation in any legal proceeding. In no case will Provider be required to <br />indemnify or bold harmless the City from injury, damages, just compensation, restitution, judicial <br />or equitable relief caused by the negligence of the City. <br />7. 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. LIVE SCAN 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 Human Resources Department process. Consultant shall be responsible for all charges <br />associated with fingerprinting. Consultant shall not perform any services pursuant to this <br />Agreement until clearance is received and Consultant is notified by the City's Parks, Recreation <br />and Community Services Department. <br />9. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />