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performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />d. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />(i) Consultant 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 Agency upon execution <br />of this Agreement and shall be approved in form by the Agency Legal <br />Counsel. <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 Agency. <br />e. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the Agency with required proof that insurance has been <br />procured and is in force and paid for, the Agency shall have the right, at the Agency's election, <br />to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be <br />paid for its time and materials expended prior to notification of termination. Consultant waives <br />the right to receive compensation and agrees to indemnify the Agency for any work performed <br />prior to approval of insurance by the Agency. <br />6. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the Agency, 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 arising out of <br />claims for personal injury, including health, and claims for property damage, which may arise <br />from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects <br />arising 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 alleged to <br />have been suffered, by reason of the events referred to in this Section or by reason of the terms <br />of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold <br />harmless, and pay all costs for the defense of the Agency, including fees and costs for special <br />counsel to be selected by the Agency, regarding any action by a third party challenging the <br />validity of this Agreement, or asserting that personal injury, damages, just compensation, <br />restitution, judicial or equitable relief due to personal or property rights arises by reason of the <br />terms of, or effects arising from this Agreement. Agency may make all reasonable decisions <br />with respect to its representation in any legal proceeding. <br />375 <br />