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<br />d. If Consultant is or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with a combined single limit of not less <br />than $1,000,000 per claim. <br /> <br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />(i) <br /> <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 fonn 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) <br /> <br />f. 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 shall have the right, at the City's election, to forthwith <br />tenninate this Agreement. Such tennination shall not effect Consultant's right to be paid for its <br />time and materials expended prior to notification of tennination. 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. <br /> <br />6. <br /> <br />INDEMNIFICATION <br /> <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />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 <br />for personal injury, including health, and claims for property damage, which may arise from the <br />direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section I of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the tenns of or effects <br />arising from this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to <br />have been suffered, by reason of the events referred to in this Section or by reason of the tenns <br />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 <br />counsel to be selected by the City, regarding any action by a third party challenging the validity <br />of this Agreement, or asserting that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief due to personal or property rights arises by reason of the terms of, or <br />effects arising from this Agreement. City may make all reasonable decisions with respect to its <br />representation in any legal proceeding. <br /> <br />7. <br /> <br />CONFIDENTIALITY <br /> <br />3 <br />