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<br /> <br /> <br /> <br /> <br /> work under this Agreement, Contractor agrees to obtain and maintain any employer's liability <br /> insurance with limits not less than $1,000,000 per accident. <br /> <br /> 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, <br /> with a combined single limit of not less than $1,000,000 per claim. <br /> <br /> e. The following requirements apply to the insurance to be provided by Contractor <br /> pursuant to this section: <br /> <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 <br /> procured and is in force and paid for, the City shall have the right, at the City's election, to <br /> forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be <br /> paid for its time and materials expended prior to notification of termination. Contractor <br /> waives the right to receive compensation and agrees to indemnify the City for any work <br /> performed prior to approval of insurance by the City. <br /> <br /> 6. INDEMNIFICATION AND HOLD HARMLESS <br /> <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 arising out of claims for the same, which may arise from <br /> the direct or indirect actions of the Contractor 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 Contractor 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 Contractor's actions hereunder. This indemnity and hold harmless <br /> agreement applies to all claims for damages, just compensation, restitution, lost profits or <br /> any other judicial or equitable relief or damages 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, <br /> arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and <br /> pay all costs for the defense of the City, including fees and costs for special counsel to be <br /> selected by the City, relative to any action by a third party challenging the validity of this <br /> Agreement, or asserting that personal injury, damages, just compensation, restitution, lost <br /> profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by <br /> reason of the terms of, or effects arising from this Agreement or Contractor's actions <br /> hereunder. City may make all reasonable decisions with respect to its representation in any <br /> legal proceeding. <br /> 16 <br /> 25A-37 <br />