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performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />c. Professional liability (errors and omissions) insurance, with a combined single limit of <br />not less than $1,000,000 per claim. <br />d. The following requirements apply to the insurance to be provided by Consultant <br />pursuant 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 />(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 <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />e. If Consultant 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 forthwith <br />terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its <br />time 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 approval <br />of insurance by the City. <br />6. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including health, and claims for property damage, which may arise from the <br />direct operations of the Consultant or its contractors, subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement, to the extent of the Consultant's negligence or willful misconduct. This indemnity <br />and hold harmless agreement applies to all claims for damages, just compensation, restitution, <br />judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events <br />referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, <br />except such loss or damage which was caused by the sole negligence of willful misconduct of the <br />City or its employees. <br />Notwithstanding the foregoing, the total liability of Consultant for any claim or damage <br />arising from or otherwise related to this Agreement, whether in contract, tort, by way of <br />indemnification or under statute shall be limited to direct damages which shall not exceed (i) the <br />attached Quote price or (ii) in the case of bodily injury, personal injury or property damage for <br />which defense and indemnity coverage is provided by TriTech's insurance carrier, the coverage <br />limits of such insurance. <br />