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d. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />(i) Contractor 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 furnished to the City upon execution of <br />this Agreement and shall be approved in form 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 (3 Q) days prior written notice to the City. <br />e. If Contractor 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 <br />and is in force, and paid for, the City shall have the right, at the City's election, to terminate this <br />Agreement. Such termination shall not affect Contractor's right to be paid for its time and <br />materials expended prior to notification of termination. Contractor 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 />6. INDEiMNIFICATION <br />Contractor 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 <br />injury, damages, just compensation, restitution, judicial. or equitable relief arising out of claims <br />for personal injury, including death, and claims for property damage, which may arise from the <br />direct or indirect operations of Contractor or its contractors, subcontractors, agents, employees, <br />or other persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement, and (2) from any claim that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief is due by reason of the terms of or effects arising fiom this Agreement. <br />This indemnity and hold harmless agreement applies to all elahns 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 terns of, or effects, arising <br />from this Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs <br />for the defense of the City, including foes and costs for special counsel to be selected by the City, <br />regarding any action by a third party challenging the validity of this Agreement, or asserting that <br />personal injiuy, damages, just compensation, restitution, judicial or equitable relief due to <br />personal or properly rights arises by reason of the terms of, or effects arising from this <br />Agreement. City may mance all reasonable decisions with respect to its representation in any <br />legal proceeding. Notwithstanding the foregoing, to the extent Contractor's Services are subject <br />to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by <br />Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, <br />recklessness, or willful misconduct of the Contractor. This indemnification provision No. 6 shall <br />survive any expiration or termination of this Agreement. <br />Page 3 of 6 <br />