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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 effect <br />for the entire period covered by this Agreement. <br />ii. Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved by the City. <br />iii. Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />iv. Where the amounts or coverage provided by the certificates of insurance <br />provides coverage greater than those listed by this Agreement, the amounts <br />provided by the certificates of insurance shall be incorporated by reference into <br />the Agreement. <br />V. Consultant shall supply City with a fully executed additional insured <br />endorsement. <br />e. 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 />Contractor'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 City. <br />6. 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 negligent <br />operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf <br />which relates to the services described in section I of this Agreement; and (2) from any claim that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of <br />the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement <br />applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, <br />or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the <br />terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold <br />harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to <br />be selected by the City, regarding any action by a third party challenging the validity of this Agreement, <br />or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief <br />due to personal or property rights arises by reason of the terms of, or effects arising from this <br />Agreement. City may make all reasonable decisions with respect to its representation in any legal <br />proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil <br />Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section <br />2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful <br />misconduct of the Contractor. <br />Page 3 of 7 <br />#1937Sv1 <br />