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5.2. In the event the Agreement is terminated under Section 5.1, the following will occur: a) City reserves the right to require Artist to refund any or all funds awarded to Artist under this Agreement, b) Artist agrees to refund to City any or all funds awarded under this Agreement, and c) City reserves the right to complete the Artwork using an artist of the City's choice, within the City's sole discretion. 6. Limitation of Liability. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER. 7. Indemnification. 7.1. Artist ("Indemnifying Party") shall defend, indemnify, protect and hold harmless the City, and its elected and appointed officers, employees, special counsel, representatives, members or agents (collectively, "Indemnified Parties"), if any, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Indemnifying Party, and Indemnifying Party's employees, subcontractors or other persons, agencies or firms for whom Indemnifying Party is legally responsible in connection with the execution of the work covered by this Agreement. Indemnifying Party shall have no duty to indemnify or hold harmless the Indemnified Parties if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the Indemnified Parties. The indemnification obligation in this section shall include claims that are or may be related to the creation, painting, performance or installation of the Artwork hereunder. Indemnifying Party's obligations shall survive the termination of this Agreement. 7.2. Indemnified Party's right to indemnification is in addition to, and may be exercised independently of, any remedy held by Indemnified Parties under this Agreement, at law or in equity. 8.Insurance. Artist shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder and the results of that work by the Artist, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, Page 4 of 9