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(ii) Certificates of insurance shall be furnished to the City upon execution of this
<br />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 or
<br />reduced in coverage or changed in any other material aspect without thirty (30)
<br />days prior written notice to the City.
<br />e. If Concessionaire 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.
<br />6. INDEMNIFICATION AND HOLD HARMLESS
<br />Concessionaire 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 arising out of claims for the same, which may arise from the
<br />direct or indirect actions of the Concessionaire or its contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates in any way to the services
<br />provided by Concessionaire under this Agreement; and (2) from any claim that personal injury,
<br />damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other
<br />type of damage whatsoever is due by reason of the terms of or effects arising from this
<br />Agreement or of the Concessionaire's actions hereunder. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, lost profits or any
<br />other judicial or equitable relief or damages suffered, or alleged to have been suffered, by reason
<br />of the events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Concessionaire further agrees to indemnify, hold harmless, and pay all costs for
<br />the defense of the City, including fees and costs for special counsel to be selected by the City,
<br />relative to any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable
<br />relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects
<br />arising from this Agreement or Concessionaire's actions hereunder. City may make all
<br />reasonable decisions with respect to its representation in any legal proceeding.
<br />7. CONFLICT OF INTEREST CLAUSE
<br />Concessionaire covenants that it presently has no interests and shall not have interests,
<br />direct or indirect, which would conflict in any manner with performance of services specified
<br />under this Agreement.
<br />8. NOTICE
<br />Any notice, tender, demand, delivery, or other communication pursuant to this
<br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
<br />mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
<br />telegraphic communication in the manner provided in this Section, to the following persons:
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<br />25G-5
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