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i. Operator 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; 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 <br />this Agreement. At least thirty (30) days prior to the expiration of any <br />such policy, a signed and complete certification of insurance showing that <br />coverage has been renewed, shall be filed with the City. <br />v. If the certificate of insurance is in the name of the carnival operator it shall <br />include the name of the carnival promoter as additionally insured. <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. Operator agrees to indemnify the City for any work performed prior <br />to approval of insurance by the City. <br />1 L INDEMNIFICATION <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 contractors, 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 />25E-22 <br />