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<br />Prior to commencing the performance of the work under this Agreement, Contractor <br />agrees to obtain and maintain any employer's liability insurance with limits not less than <br />1,000,000 per accident. <br /> <br />d. If Contractor is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and omissions) insurance, with a combined single <br />limit of not less than 1,000,000 per claim. <br /> <br />e. The following requirements apply to the insurance to be provided by <br />Contractor pursuant to this section: <br /> <br />(i) Contractor shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon <br />execution of this Agreement and shall be approved in form by the <br />City Attorney. <br />(iii) 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 />f. If Contractor 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 <br />insurance has been procured and is in force and paid for, the City shall have the right, at <br />the City's election, to forthwith terminate this Agreement. Such termination shall not <br />affect Contractor's right to be paid for its time and materials expended prior to <br />notification of termination. Contractor waives the right to receive compensation and <br />agrees to indemnify the City for any work performed prior to approval of insurance by <br />the City. <br /> <br />14. INDEMNIFICATION <br /> <br />Contractor agrees to and shall indemnify and hold harmless the City, its officers, <br />agents, employees, Contractors, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief <br />arising out of claims for personal injury, including health, and claims for property <br />damage, which may arise from the direct or indirect operations of the Contractor or its <br />contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the services described in section 1 of this Agreement; and (2) from any <br />claim for personal injury, damages, just compensation, restitution, judicial or equitable <br />relief due by reason of the terms of or effects arising from this Agreement. This <br />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 <br />suffered, by reason of the events referred to in this Section or by reason of the terms of, <br />or effects, arising from this Agreement. <br /> <br />25E-9 <br />