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d. If Contractor is or employs a licensed professional such as an architect or engineer <br /> Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with <br /> a combined single limit of not less 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 /> f. 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 affect 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 AND HOLD HARMLESS <br /> Contractor agrees to 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, lost profits, restitution, judicial or equitable relief or any <br /> other type of damage whatsoever azising out of claims for the same, which may arise from the <br /> direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, <br /> or other persons acting on their behalf which relates in any way to the services provided by <br /> Contractor under this Agreement; and (2) from any claim that personal injury, damages, just <br /> compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage <br /> whatsoever is due by reason of the terms of or effects azising from this Agreement or of the <br /> Contractor's actions hereunder. This indemnity and hold hannless agreement applies to all <br /> claims for damages, just compensation, restitution, lost profits or any other judicial or equitable <br /> relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in <br /> this Section or by reason of the terms of, or effects, azising from this Agreement. The Contractor <br /> further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, <br /> including fees and costs for special counsel to be selected by the City, relative to any action by a <br /> third party challenging the validity of this Agreement, or asserting that personal injury, damages, <br /> <br /> just compensation, restitution, lost profits, or judicial or equitable relief or any other type of <br /> damage whatsoever has arisen by reason of the terms of, or effects azising from this Agreement <br /> or Contractor's actions hereunder. City may make all reasonable decisions with respect to its <br /> representation in any legal proceeding. <br /> 3 <br /> 25C-5 <br /> <br />