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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 a <br />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 pursuant to <br />this section: <br />(i) Contractor shall maintain all insurance required above in full force and effect for <br />the entire period covered by this Agreement. <br />(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 />f. If Contractor fails or refuses to produce or maintain the insurance required by this section or <br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force <br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. <br />Such termination shall not affect Contractor's right to be paid for its time and materials expended prior <br />to notification of termination. Contractor waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the City. <br />6. INDEMNIFICATION AND HOLD HARMLESS <br />Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, <br />contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just <br />compensation, lost profits, restitution, judicial or equitable relief or any other type of damage <br />whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the <br />Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates in any way to the services provided by Contractor under this Agreement; and (2) from <br />any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or <br />equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects <br />arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold <br />harmless 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 of the <br />events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. <br />The Contractor 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 third <br />party challenging the validity of this Agreement, or asserting that personal injury, damages, just <br />compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage <br />whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's <br />actions hereunder. City may make all reasonable decisions with respect to its representation in any <br />legal proceeding. <br />18 <br />19G-20