|
<br />(i) Contractor 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 furnished 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 />
<br />e. If Contractor 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 Contractor's right to be paid for its
<br />time and materials expended prior to notification of tennination. Contractor waives the right to
<br />receive compensation and agrees to indemnity the City for any work performed prior to approval
<br />of insurance by the City.
<br />
<br />7. INDEMNIFICATION
<br />
<br />Contractor agrees to and shall indemnity and hold harmless the City, its officers, agents,
<br />employees, Contractors, special counsel, and representatives from liability for personal i~ury,
<br />damages, just compensation, restitution, judicial or equitable relief arising (I) 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 Contractor 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 terms 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 terms
<br />of, or effects, arising from this Agreement. The Contractor further agrees to indemnity, 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 />City shall indemnity and hold harmless Contractor and its subsidiaries, officers, directors,
<br />shareholders, partners, representatives, employees and agents from liability arising out of (i) any
<br />material breach of this Agreement by the City; or (ii) the negligent act or omission by the City,
<br />its officers, agents and employees,( other than Contractor or its personnel, agents, subcontractors
<br />or others engaged by Contractor or under Contractor's control).
<br />
<br />5
<br />
<br />
|