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e. The following requirements apply to the insurance to be provided by Provider <br /> pursuant to this section: <br /> (i) Provider 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 Provider 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 Provider's right to be paid for its <br /> time and materials expended prior to notification of termination. Provider 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 /> Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees, consultants, 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 Provider or its contractors, subcontractors, agents, employees, <br /> or other persons acting on their behalf which relates to the services described in section 1 of this <br /> Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, <br /> <br /> judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. <br /> This indemnity and hold harmless agreement applies to all claims for damages, just <br /> compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, <br /> by reason of the events referred to in this Section or by reason of the terms of, or effects, arising <br /> from this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs <br /> for the defense of the City, including fees and costs for special counsel to be selected by the City, <br /> regarding any action by a third party challenging the validity of this Agreement, or asserting that <br /> personal 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 this <br /> Agreement. City may make all reasonable decisions with respect to its representation in any <br /> legal proceeding. <br /> 7. CONFLICT OF INTEREST CLAUSE <br /> Provider covenants that it presently has no interests and shall not have interests, direct or <br /> indirect, which would conflict in any manner with performance of services specified under this <br /> Agreement. <br /> 3 <br /> <br />