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iii. Certificates and policies shall state that the policies shall not be canceled or
<br />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 required by this
<br />Section shall be filed with City prior to the execution of this Agreement. At least (30)
<br />days prior to the expiration of any such policy, a signed and complete certification of
<br />insurance showing that coverage has been renewed, shall be filed with the City.
<br />f. If Operator 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 affect Operator's right to be paid for its
<br />time and materials expended prior to notification of termination. Operator 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 />11. INDEMNIFICATION
<br />Operator agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, Operators, special counsel, and representatives from liability: (1) 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 Operator or its contractors, subcontractors, agents, employees,
<br />or other persons acting on their behalf which relates to the services described in Sections 1 and 2
<br />of 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 />Operator's obligations contained in this Agreement by Operator, its officers, agents or
<br />employees.
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