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<br />(d) Prior to undertaking performance of work under this Agreement, District
<br />shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
<br />described below:
<br />
<br />i. Commercial General Liability Insurance. District shall maintain
<br />commercial general liability insurance naming the City and its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not be limited to,
<br />protection against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any act or occurrence arising out of District's
<br />operations in the performance of this Agreement, including, without limitation, acts involving
<br />vehicles. The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1 ,000,000.00 per occurrence. District shall supply City with a
<br />fully executed additional insured endorsement in substantially the form attached hereto as
<br />Exhibit B upon execution ofthis Agreement and shall be approved in form by the City Attorney.
<br />
<br />ii. The following requirements apply to the insurance to be provided
<br />by District pursuant to this section:
<br />
<br />. District 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
<br />of this Agreement and shall be approved in form by the City Attorney.
<br />. Certificates and policies shall state that the policies shall not be
<br />canceled or reduced in coverage or changed in any other material
<br />aspect without thirty (30) days prior written notice to the City.
<br />
<br />lll. If District fails or refuses to produce or maintain the insurance
<br />required by this section or fails or refuses to furnish the City with required proof that insurance
<br />has been procured and is in force and paid for, the City shall have the right, at its election, to
<br />forthwith terminate this Agreement.
<br />
<br />(e) District shall not permit any mechanics', materialmen's or other liens of
<br />any kind or nature ("Liens") to be filed or enforced against the Property in connection with this
<br />Agreement. District shall indemnify, defend and hold harmless City from all liability for any
<br />and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees,
<br />arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from
<br />time to time, to post and maintain on the Property, or any portion thereof, or on the
<br />improvements on the Property, any notices of non-responsibility or other notice as may be
<br />desirable to protect City against liability. In addition to, and not as a limitation of City's other
<br />rights and remedies under this Agreement, should the District fail, within ten (10) days of written
<br />request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify,
<br />and hold harmless City from and against any loss, damage, injury, liability or claim arising out of
<br />a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and
<br />any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in
<br />doing so shall be paid to City, as applicable, by the District upon written demand.
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