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e. The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />(ii) 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 General Counsel. <br />(iii) 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. <br />f. 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 insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not effect <br />Consultant's right to be paid for its time and materials expended prior to notification of <br />termination <br />7. INDENINIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief <br />azising out of claims for personal injury, including health, and claims for property <br />damage, which may arise from the direct or indirect negligent performance of services of <br />the 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; and (2) from any claim that personal injury, damages, just compensation, <br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising <br />from this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable relief suffered, or <br />alleged to have been suffered, by reason of the events referred to in this Section or by <br />reason of the terms of, or effects, azising from this Agreement. The Consultant further <br />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, regarding any <br />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 azises by reason of the terms of, or effects arising from <br />Consultant's negligence or willful misconduct on the performance of this Agreement. <br />City may make all reasonable decisions with respect to its representation in any legal <br />proceeding. <br />S. CONFIDENTIALITY <br />4 <br />