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them $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 plaim 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 Pull force
<br />and affect for the entire period covered by this Agreement.
<br />(li) Cartificates>ofinsurance shall be furnished to the City upon
<br />execution of this Agreement end shall be;approved by the City,
<br />(iil) Cart] c^ates 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 (na} days prior written notice to
<br />the City,
<br />f; If Consultant fails or refuses to vroduce or maintain the insurance radulred by
<br />insurance has been precured and [a in force and pain for, the City shall have the
<br />right, at the City's election: to forthwith terminate this Agreement: Such
<br />termination shall not affect Consul anfe right to be paid for its time and materials
<br />expended prior to notification of termination, Consu€tant waives the right to
<br />receive compensation and agrees to underrnifythe City tor any work performed
<br />prior to approval of insurance by the Clty.
<br />Consultant agrees to and shall indemnify and hold harmless the City, its off iW"s,
<br />agents, employees, consultants, specaal counsel, and representatives from Lability. (1 ) for
<br />personal injury, damages„ just compensation, restitution, judicial or equitable relief arising out of
<br />clailris for personal Injury, including death, and claims for property damages which may arise
<br />from the, negligent operations of the Consultant or its contractors, subcontractors, agents,
<br />aployeas, or other persons acting can their behaIfwhlch relates to the services described in
<br />section 1 of this Agreement; and {2) from any claim thea personal injury; damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the team 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, judidiat 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 aquitable 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 holt] harmless the City
<br />from injury, damages, just compensation, restitution, judicial or equitable relief caused by
<br />
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