|
iii. 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 thirty (30)
<br />days prior written notice to the City, and shall state as follows:
<br />"The above detailed coverage is not subject to any deductible or
<br />self -insured retention, or any other form of similar type limitation. "
<br />iv. A complete and signed certificate of insurance with all endorsements
<br />required by this Section shall be filed with City prior to the execution of this Agreement.
<br />At least thirty (30) days prior to the expiration of any such policy, a signed and complete
<br />certification of insurance showing that coverage has been renewed, shall be filed with the
<br />City.
<br />F. If Operator fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refixses to fiunish 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 />terminate this Agreement. Operator agrees to indemnify the City for any work performed prior
<br />to approval of insurance by the City.
<br />El�li;tl�,�ht�Cal:� Y C7�1
<br />Operator agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, special counsel, and representatives from liability. (1) for personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including health, and claims for property damage, which may arise from the direct or
<br />indirect operations of the Operator or its contractor's, subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of
<br />this Agreement; and (2) from any claim that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
<br />Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
<br />by reason of the events referred to in this Agreement or by reason of the terms of, or effects,
<br />arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay
<br />all costs for the defense of the City, including fees and costs for special counsel to be selected by
<br />the City, regarding any action by a third party challenging the validity of this Agreement, or
<br />asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
<br />due to personal or property rights arises by reason of the terms of, or effects arising from this
<br />Agreement. City may make all reasonable decisions with respect to its representation in any
<br />legal proceeding.
<br />Operator shall protect, defend, indemnify and save and hold harmless the City, its officers,
<br />officials, employees, and agents from and against any and all liability, loss, damage, expenses,
<br />costs (including without limitation costs and fees of litigation of any nature) arising out of or in
<br />connection with Operator's performance of this Agreement or any failure to comply with any of
<br />
|