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commencing the performance of the work under this Agreement, Contractor agrees <br />to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. City agrees that the liability insurance carried by <br />Contractor under the Assignment shall satisfy the requirements of this Section. <br />d. If Contractor is or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with a combined single limit <br />of not less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />C. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section! <br />(i) Contractor 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) 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 <br />(30) 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 <br />into the Agreement. <br />(v) Contractor shall supply City with a fully executed additional insured <br />endorsement. <br />f. If Contractor 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 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. Contractor 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 />8. INDEMNIFICATION <br />By Contractor. Contractor agrees to and shall indemnify, defend, and hold harmless the <br />City, its officers, agents, employees, consultants, special counsel, and representatives from <br />liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief <br />arising out of claims for personal injury, including death, and claims for property damage, which <br />may arise from the operations or willful misconduct of the Contractor or its, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in section <br />1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, <br />Page 5 of 11 <br />