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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 not less <br />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 pursuant <br />to this section: <br />(i) Consultant 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 famished to the City upon execution of this <br />Agreement and shall be approved by the City. <br />(iii) Certificates and policies shall state that the policies shall not be cancelled or <br />reduced in coverage or changed in any other material aspect, by consultant, <br />without thirty (30) days prior written notice to the City. <br />(iv) Consultant shall supply City with a fully executed additional insured <br />endorsement. <br />f. 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 <br />in force and paid for, the City shall have the right, at the City's election, to forthwith terminate <br />this Agreement. Such termination shall not affect Consultant's right to be paid for its time and <br />materials expended prior to notification of termination. Consultant waives the right to receive <br />compensation 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 hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal <br />injury, including death, and claims for property damage, which may arise from the negligent operations <br />of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their <br />behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of <br />the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies <br />to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to <br />have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or <br />effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay <br />all costs for the defense of the City, including fees and costs for special counsel to be selected by the <br />City, regarding any action by a third party challenging the validity of this Agreement, or asserting that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or <br />property rights arises by reason of the terms of, or effects arising from this Agreement. City may make <br />all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the <br />foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above <br />indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out <br />of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. <br />