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single limit of not less than $1,000,000 per claim with $2,000,000 in the <br />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 and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be fiiraished to the City upon execution of <br />this Agreement and shall be approved by the City. <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 Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or reftises to furnish the City with required proof that insurance <br />has been procured and is in force and paid for, the City shall have the right, at the <br />City's election, to forthwith terminate this Agreement. Such termination shall not <br />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 <br />and agrees to indemnify the City for any work performed prior to approval of <br />insurance by the City. <br />7. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and held 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 <br />arising out of claims for personal injury, including death, and claims for property <br />damage, which may arise fi-om the direct or indirect operations of the Consultant or its <br />contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the services described in section I of this Agreement; and (2) from any <br />claim, that personal injury, damages, just compensation, restitution, judicial or equitable <br />relief is due by reason of the terms of or effects arising from this Agreement. This <br />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 <br />suffered, by reason of the events referred to in this Section or by reason of the terms of, <br />or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold <br />harmless, and pay all costs for the defense of the City, including fees and costs for special <br />counsel to be selected by the City, regarding any action by a third party challenging the <br />validity of this Agreement, or asserting that personal injury, damages, just compensation, <br />restitution, judicial or equitable relief due to _personal or property rights arises by reason <br />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. Notwithstanding the <br />4 <br />