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workers' compensation or to undertake self-insurance. Friar to corimmnencing 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 $2X0,000 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
<br />effect for the entire period covered by this Agreement..
<br />(i) Certificates of itisurance 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 />If Consultant fails of 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 far; the City shall have the right, at the City's election, to terminate
<br />this Agreement, SUPh termination shall not affect Constmltant's might 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,ibde.mnify the City for any work performed prior to
<br />approval cif insurance by the City.
<br />8. HOLD HARMLESS/INDEMNIFICATION
<br />To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless tile
<br />City, its officers, agents, emxmp)oyees, consultants, special counsel, anct.representatives from liability: (1) for
<br />personal injury, darnages, just compensation, restitution, judicial or equitable relief arising out of claims
<br />for personal injury, including death,.and, claims feat° property dam, age, which mnay.arise frOl n the negligence
<br />or willful misconduct of the Consultatmt or its, subcontractors, agents, errmployc�es, or athLr persons actimmg
<br />orm their behalf hieh relates to time services described in section I of this Agreement; and (2) from any
<br />claim that personal injury, damrtages, just compensation, restitution, judicial or equitable relief is clue by
<br />reason, of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement
<br />applies to all claimus for damnages, 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 frorn this Agreemnent. The Consultant further agrees to indemnify, hold harmless,
<br />and pay all casts 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 Agreerrmei% City r�;�;ay tmmake all
<br />reasonable decisions with respect to its representation in any legal proceeding, Consultant's
<br />iimdemmnification obligations ill tlmis section shall survive ex%iration of this Agreement, Notwithstanding the
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