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D. If Promoter is or employs a licensed professional such as an architect or engineer:
<br />Professional Liability (errors and omissions) insurance, with a combined single limit of not less than
<br />$1,000,000.00 per claim.
<br />E. The following requirements apply to the insurance to be provided by Promoter
<br />pursuant to this section:
<br />i. Promoter shall maintain all insurance required above in full force and effect for
<br />the entire period covered by this Agreement.
<br />ii. Certificates of insurance shall be furnished to the City upon execution of this
<br />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 or
<br />reduced in coverage or changed in any other material aspect without thirty (30)
<br />days prior written notice to the City; and shall state as follows:
<br />"The above detailed coverage is not subject to any deductible or
<br />self - insured retention, or any other form of similar type limitation."
<br />iv. A complete and signed certificate of insurance with all endorsements required by
<br />this Section shall be filed with City prior to the execution of this Agreement. At
<br />least thirty (30) days prior to the expiration of any such policy, a signed and
<br />complete certification of insurance showing that coverage has been renewed,
<br />shall be filed with the City.
<br />V. If the certificate of insurance is in the name of the carnival Promoter it shall
<br />include the name of the carnival promoter as additionally insured.
<br />F. If Promoter 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 procured and is
<br />in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this
<br />Agreement. Promoter agrees to indemnify the City for any work performed prior to approval of insurance
<br />by the City.
<br />11. INDEMNIFICATION
<br />Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its
<br />officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or
<br />cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising
<br />out of claims for personal injury, including death, and claims for property damage, which may arise from
<br />the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2
<br />and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
<br />Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason
<br />of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this
<br />Agreement. The Promoter further agrees to defend, indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
<br />action by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br />dannages, just compensation, restitution, judicial or equitable relief due to personal or property rights
<br />arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br />decisions with respect to its representation in any legal proceeding.
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