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than $1,000,000 per accident.
<br />d. If Consultant 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
<br />not less than $1,000,000 per claim with $2,000,000 in the aggregate.
<br />e. 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
<br />and effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon
<br />execution of this Agreement and shall be approved by the City.
<br />(Iii) 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 by Consultant without thirty (30) days prior written notice to
<br />the City.
<br />If Consultant 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 the
<br />right, at the City's election, to forthwith terminate this Agreement. Such
<br />termination shall not affect Consultant's right to be paid for its time and materials
<br />expended prior to notification of termination. Consultant 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 />7. INOEMNIFICATION
<br />Consultant agrees to and shall indemnify and hold harmless the City, 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 death, and claims for property damage, which may arise
<br />from the negligent 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 to the extent that such liability is caused by the negligence of the
<br />Consultant. 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,
<br />by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
<br />from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
<br />costs for the defense of the City, including fees and costs for special counsel to be selected by
<br />the City, regarding any action by a third party challenging the validity of this Agreement, or
<br />asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
<br />due to personal or property rights arises by reason of the terms of, or effects arising from this
<br />Agreement. City may make all reasonable decisions with respect to its representation in any
<br />legal proceeding. In no case will Consultant be required to indemnify or hold harmless the City
<br />from injury, damages, just compensation, restitution, judicial or equitable relief caused by
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