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liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br /> performance of the work under this Agreement, Contractor agrees to obtain and maintain any <br /> employer's liability insurance with limits not less than $1,000,000 per accident. <br /> d. If Contractor is or employs a licensed professional such as an architect or engineer: <br /> Professional liability (errors and omissions) insurance, with a combined single limit of not less <br /> than $1,000,000 per claim. <br /> e. The following requirements apply to the insurance to be provided by Contractor <br /> pursuant to this section: <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 /> £ 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 termination. Contractor 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 /> 6. INDEMNIFICATION <br /> Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees, Contractors, special counsel, and representatives from liability: (1) for personal <br /> injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br /> for 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 1 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 indemnify, 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 asserting that personal <br /> injury, damages, just compensation, restitution, judicial or equitable relief due to personal or <br /> property rights arises by reason of the terms of, or effects arising from this Agreement. City may <br /> <br /> make all reasonable decisions with respect to its representation in any legal proceeding. <br /> 3 <br /> 25B-5 <br /> <br />