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(i) Promoter shall maintain all insurance required above in full force
<br />and effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon
<br />execution of this Agreement and shall be approved by the City.
<br />(iii) Certificates and policies shall state that the policies shall not be
<br />cancelled or reduced in coverage or changed in any other material
<br />aspect, by consultant, without thirty (3 0) days prior written notice
<br />to the City.
<br />(iv) Promoter shall supply City with a fully executed additional insured
<br />endorsement.
<br />f. If Promoter 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
<br />has been procured and is in force and paid for, the City shall have the right, at the
<br />City's election, to forthwith ten.-.inate this Agreement. Such termination shall not
<br />affect Promoter's right to be paid for its time and materials expended prior to
<br />notification of termination. Promoter waives the right to receive compensation
<br />and agrees to indemnify the City for any work performed prior to approval of
<br />insurance by the City.
<br />6. INDEMNIFICATION
<br />Promoter agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />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
<br />claims for personal injuay, including death, and claims for property damage, which may arise
<br />from the negligent operations of the Promoter or its contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described in
<br />section I of this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
<br />arising from this Agreement. This indemnity and Bold harmless agreement applies to all claims
<br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
<br />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 Promoter further agrees to indemnify, hold
<br />harmless, and pay all costs for the defense of the City, including fees and costs for special
<br />counsel to be selected by the City, regarding any action by a third party challenging the validity
<br />of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
<br />effects arising from this Agreement, City may make all reasonable decisions with respect to its
<br />representation in any legal proceeding. Notwithstanding; the foregoing, to the extent Promoter's
<br />services are subject to Civil. Code Section 2.782.8, the above indemnity shall be limited, to the
<br />extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
<br />negligence, recklessness, or willful misconduct of the Promoter.
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