|
c. 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 /> d. 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/ FORCE MAJEURE
<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 /> make all reasonable decisions with respect to its representation in any legal proceeding.
<br /> Under no circumstances shall either party be liable for any loss, damage or delay due to any
<br /> cause beyond either party's reasonable control, including but not limited to acts of government,
<br /> strikes, lockouts, labor disputes, fire, explosion, theft, weather damage, flood, earthquake, riot,
<br /> civil commotion, war, mischief or act of God.
<br /> Under no circumstances shall either party be liable for special, indirect, or consequential
<br />
<br /> damages of any kind including, but not limited to, loss of profits, loss of good will, loss of
<br /> 3
<br /> 25C-5
<br />
<br />
|