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engineer: Professional liability (errors and omissions) insurance, with a <br />combined single limit of not less than One Million Dollars ($1,000,000) per <br />claim. <br />5. The following requirements apply to the insurance to be provided by contractor <br />pursuant to this section: <br />Contractor shall maintain all insurance required above in full force and <br />effect for the entire period covered by this agreement. <br />Certificates of insurance shall be furnished to the City upon execution of <br />this contract and shall be approved in form by the City Attorney. <br />C. 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 />6. If contractor 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 <br />insurance has been procured and is in force and paid for, the City shall have <br />the right, at the City's election, to forthwith terminate this contract. Such <br />termination shall not affect contractor's right to be paid for its time and materials <br />expended prior to notification of termination. Contractor waives the right to <br />receive compensation and agrees to indemnify the City for any work performed <br />prior to approval of insurance by the City. <br />F. HOLD HARMLESS/ INDEMNIFICATION <br />To the fullest extent permitted by law, contractor shall indemnify, defend and hold <br />harmless City, its officers, agents and employees (collectively, the "indemnified <br />parties ") from and against any and all claims (including, without limitation, claims for <br />bodily injury, death or damage to property), demands, obligations, damages, actions, <br />causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and <br />expenses (including, without limitation, attorney's fees, disbursements and court costs) <br />of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which <br />may arise from or in any manner related (directly or indirectly) to any work performed <br />or services provided under this contract (including, without limitation, defects in <br />workmanship and /or materials) or contractor's presence or activities conducted <br />performing the work (including the negligent and /or willful acts, errors and /or omissions <br />of contractor, its principals, officers, agents, employees, vendors, suppliers, <br />contractors, subcontractors, anyone employed directly or indirectly by any of them or <br />for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, <br />nothing herein shall be construed to require contractor to indemnify the indemnified <br />parties from any claim arising from the sole negligence or willful misconduct of the <br />indemnified parties. Nothing in this indemnity shall be construed as authorizing any <br />award of attorney's fees in any action on or to enforce the terms of this contract. This <br />indemnity shall apply to all claims and liability regardless of whether any insurance <br />policies are applicable. The policy limits do not act as a limitation upon the amount of <br />indemnification to be provided by the contractor. <br />Park Janitorial Maintenance Services RFP 14 -002 <br />Page 23 <br />19C -25 <br />