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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 />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 />e. The following requirements apply to the insurance to be provided by Contractor
<br />pursuant to this section:
<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 />6. INDEMNIFICATION AND HOLD HARMLESS
<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.
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<br />25A-37
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