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<br />(i)
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<br />Consultant shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement.
<br />Certificates of insurance shall be furnished to the City upon execution of
<br />this Agreement and shall be approved in form by the City Attorney.
<br />Certificates and policies shall state that the policies shall not be canceled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
<br />
<br />(ii)
<br />
<br />(iii)
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<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 been procured
<br />and is in force and paid for, the City shan have the right, at the City's election, to forthwith
<br />terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
<br />time and materials expended prior to notification oftermination. Consultant waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to approval
<br />of insurance by the City.
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<br />9.
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<br />INDEMNIFICATION
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<br />a. Indemnification of City: Consultant agrees to and shall indemnify and hold harmless
<br />the City, its officers, agents, employees, consultants, special counsel, and representatives ftom
<br />liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief arising out of claims for personal injury, including health, and claims for property damage,
<br />which may arise ftom the direct or indirect operations of the Consultant or its contractors,
<br />subcontractors, agents, employees, or other persons acting on their behalf which relates to the
<br />services described in section 1 of this Agreement; and (2) ftom any claim that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
<br />of or effects arising ftom this Agreement. This indemnity and hold harmless agreement applies
<br />to 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 ftom this Agreement. The Consultant further agrees to
<br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs
<br />for special counsel to be selected by the City, regarding any action by a third party challenging
<br />the validity of this Agreement, or asserting that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief due to personal or property rights arises by reason of the
<br />terms of, or effects arising ftom this Agreement. City may make all reasonable decisions with
<br />respect to its representation in any legal proceeding.
<br />
<br />b. Indemnification of Consultant: City shall indemnify Consultant to the extent
<br />permitted by law and shall hold Consultant harmless against any damage, loss, cost or expense
<br />which Consultant may incur by reason of any claim, demand, suit or recovery by any person or
<br />entity arising out of the failure of the City to perform the City's obligations pursuant to this
<br />Agreement. City shall not be liable under this indemnification provision to the extent any
<br />damage, loss, cost or expense results ftom the proportional negligence or willful misconduct of
<br />Consultant.
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<br />10.
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<br />FORCE MAJEURE
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<br />Consultant shall not bear any liability or responsibility whatsoever to any other party for
<br />any failure to perform or delay caused by fire, earthquake, explosion, flood, hurricane, tornadoes,
<br />acts of God or the public enemy, restrictions, limitations or interference of governmental
<br />authorities or agents, war, invasion, insurrection, rebellion, riots, strikes, inability to obtain
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