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the performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />c. Professional liability (errors and omissions) insurance, with a combined single limit of <br />not less than $1,000,000 per claim. <br />d. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be fw-nished to the City upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />(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 <br />thirty (30) days prior written notice to the City. <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 shall 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 of termination. 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 />G. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />cmployces, consultants, special counsel, and representatives from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />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 />cmployces, or other persons acting on their behalf which relates to the services described in <br />section I of this Agreement. The Consutant further agrees to indemnify, hold harmless, and pay <br />all costs for the defense of the City, including tees 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 />Icgal proceeding. <br />CONFIDENTIALITY <br />All information gained by Consultant in performance oFthis Agreement shall be <br />considered confidential and shall not be released by Consultant without City's prior written <br />authorization excepting that inlonnalion which is a public record and subject to disclosw~e <br />pursuant to the Public Records Act, government Code Section 6250 et sec. Consultant, its <br />