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with limits not less than One Million Dollars ($1,000,000) per accident,
<br />D. If contractor is or employs a licensed professional such as an architect or
<br />engineer: Professional liability (errors and omissions) insurance, with a combined single limit of
<br />not less than One Million Dollars ($1,000,000) per claim.
<br />E. The following requirements apply to the insurance to be provided by contractor
<br />pursuant to this section:
<br />1. Contractor shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this agreement.
<br />2. Certificates of insurance shall be furnished to the City upon execution of
<br />this contract and shall be approved in form by the City Attorney.
<br />3. 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 thirty (30) days prior
<br />written notice to the City.
<br />4. If contractor fails or refuses to produce or maintain the insurance required
<br />by this section or fails or refuses to furnish the City with required proof that insurance has been
<br />procured and is in force and paid for, the City shall have the right, at the City's election, to
<br />forthwith terminate this contract. Such termination shall not affect contractor's right to be paid
<br />for its time and materials expended prior to notification of termination. Contractor waives the
<br />right to receive compensation and agrees to indemnify the City for any work performed prior to
<br />approval of insurance by the City.
<br />6. HOLD HARMLESS/ INDEMNIFICATION
<br />To the fullest extent permitted by law, contractor shall indemnify, defend and hold
<br />harmless City, its officers, agents and employees (collectively, the "indemnified parties") from
<br />and against any and all claims (including, without limitation, claims for bodily injury, death or
<br />damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
<br />judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
<br />attorney's fees, disbursements and court costs) of every kind and nature whatsoever
<br />(individually, a claim; collectively, "claims"), which may arise from or in any manner related
<br />(directly or indirectly) to any work performed or services provided under this contract (including,
<br />without limitation, defects in workmanship and/or materials) or contractor's presence or
<br />activities conducted performing the work (including the negligent and/or willful acts, errors
<br />and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers,
<br />contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose
<br />acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein
<br />shall be construed to require contractor to indemnify the indemnified parties from any claim
<br />arising from the sole negligence or willful misconduct of the indemnified parties, Nothing in this
<br />indemnity shall be construed as authorizing any award of attorney's fees in any action on or to
<br />enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless
<br />of whether any insurance policies are applicable. The policy limits do not act as a limitation upon
<br />the amount of indemnification to be provided by the contractor.
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