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workers' compensation or to undertake self-insurance. Prior to commencing the
<br />performance of the work under this Agreement, Consultant agrees to obtain and maintain
<br />any employer's liability insurance with limits not less than $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 not
<br />less 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 frill 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 Attorney,
<br />(iii) Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty
<br />(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
<br />and is in force and paid for, the City shall have the right, at the City's election, to terininate
<br />this Agreement. Such termination shall not affect Consultant's right to be paid for its time
<br />and materials expended prior to notification of termination. Consultant waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to
<br />approval of insurance by the City.
<br />S, HOLD HARMLESS/INDEMNIFICATION
<br />To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the
<br />City, its officers, agents, employees, consultants, special counsel, and representatives from liability; (1) for
<br />personal 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 negligence
<br />or willful misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting
<br />on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any
<br />claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising from this Agreement. This indernnity and hold harmless agreement
<br />applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
<br />alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms
<br />of, or effects, arising from. this Agreement. The Consultant further agrees to indemnify, hold harmless,
<br />and pay all 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 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 all
<br />reasonable decisions with respect to its representation in any legal proceeding. Consultant's
<br />indcrnnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the
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