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performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br /> employer's liability insurance with limits not less than $5,000,000 per accident.
<br /> d. If Consultant 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 Consultant
<br /> pursuant to this section:
<br /> {i) Consultant 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) Cenificates 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 /> f. If Consultant fails or refuses to produce or maintain the insurance required by this
<br /> section or fails or refuses to furnish the City with requited 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 shalt not affect Consultant's right to be paid for its
<br /> time and materials expended prior to notification of termination. Consultant 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. I N DE11rIN I FI C A~ TI Ol~i
<br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br /> employees, consultants, special counsel, and representatives from liability: (1) lot personal
<br /> injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br /> for personal injury. including health, and claims for pr•openy damage, which may arise from the
<br /> direct or indirect operations of the Consultant 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 dam~rges, 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 Consultant 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 challenging the validity
<br /> of this Agreement, or- asserting that personal injury, damages, just compensation, restitution,
<br />
<br /> judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
<br /> effects arising from this Agreement. City may make all reasonable decisions wish respect to its
<br /> repr•eserltation in any legal proceeding,
<br /> 25C-7
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