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Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than One
<br />Million Dollars ($1,000,000) per accident.
<br />4. The following requirements apply to the insurance to be provided by Consultant pursuant
<br />to this section:
<br />a. Consultant shall maintain all insurance required above in full force and effect for
<br />the entire period covered by this agreement.
<br />b. Certificates of insurance shall be furnished to the City upon execution of this
<br />contract and shall be approved in form by the City Attorney.
<br />C. Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty (30)
<br />days prior written notice to the City.
<br />5. If Consultant fails or refuses to produce or maintain the insurance required by this section
<br />or fails or refuses to furnish the City with required proof that insurance has been procured and is in force
<br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such
<br />termination shall not affect Consultant's right to be paid for its time and materials expended prior to
<br />notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
<br />the City for any work performed prior to approval of insurance by the City.
<br />F. HOLD HARMLESS/ INDEMNIFICATION
<br />To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
<br />City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and
<br />all claims (including, without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs
<br />and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind
<br />and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any
<br />manner related (directly or indirectly) to any work performed or services provided under this contract
<br />(including, without limitation, defects in workmanship and/or materials) or Consultant's presence or
<br />activities conducted performing the work (including the negligent and/or willful acts, errors and/or
<br />omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors,
<br />subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be
<br />liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require
<br />Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or
<br />willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing
<br />any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall
<br />apply to all claims and liability regardless of whether any insurance policies are applicable. The policy
<br />limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
<br />G. NOTICE
<br />Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in
<br />writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified
<br />mail, postage prepaid, sent by telefacsimile communication, or via e-mail to the following persons:
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