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6. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Consultant shall <br /> <br /> maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br /> described below: <br /> (i) 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 /> (ii) 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, ten <br /> (10) days notice if cancellation is due to non payment of premium. <br /> d. If Consultant fails or refuses to produce or maintain the insurance required by <br /> 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 <br /> the right, at the City's election, to forthwith terminate this Agreement. Such <br /> termination shall not effect Consultant's right to be paid for its time and <br /> materials expended prior to notification of termination. Consultant waives the <br /> right to receive compensation and agrees to indemnify the City for any work <br /> performed prior to approval of insurance by the City. <br /> 7. INDEMNIFICATION <br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, <br /> agents, employees, consultants, special counsel, and representatives from liability <br /> for personal injury, damages, just compensation, restitution, judicial or equitable <br /> relief arising out of claims from personal injury, including health, and claims for <br /> property damage, which may arise from the direct or indirect operations of the <br /> Consultant or its contractors, subcontractors, agents, employees, or other persons <br /> acting on their behalf which relates to the services described in Section 1 of this <br /> Agreement, to the extent the same are due to their negligence or other wrongful <br /> conduct. The Consultant further agrees to indemnify, hold harmless, and pay all <br /> costs for the defense of the City, including fees and costs for special counsel to be <br /> 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 <br /> personal or property rights arises by reason of the terms of, or effects arising from <br /> this Agreement. City may make all reasonable decisions with respect to its <br /> representation in any legal proceeding. <br /> 25A-5 <br /> <br />