|
(1) Consultant shall maintain all insurance required ebove in
<br />full force and affect for the entire period covered by this
<br />Agreement,
<br />(11) Certificates of insurance shall be furnished to the Clty upon
<br />execCrtion of this Agreement and shall be approved by the
<br />City,
<br />Certificates and policies shall state that the policies shall
<br />not .be canceled or reduced in coverage or changed in any
<br />other material aspect without thirty (30) days prier written
<br />notice to the City.
<br />e. If Consultant fails or refuses to produce or maintain the insurance
<br />required by this section or fails or refuses to furnish the City with required
<br />proof that Insurance has been procured and is in force and paid far; the
<br />City shall stave the right, at the City's election, to forthwith terminate this
<br />Agreement, Such termination shall. rat affect Consultant's right to be paid
<br />for its time and materials expended prior to notiflcation of termination.
<br />Consultant waives the right to receive compensation and agrees to
<br />Indemnify the City for any work performed prior to approval of insurance
<br />by the City.
<br />6, INDEMNIFICATION
<br />Consultant agrees to and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, consultants, speolal counsel, and represontatives from liability; (1) for
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising
<br />out of claims for personal injury, including death and claims for property damage, which
<br />may arise from the direct or indirect operations of the Consultant or its contractors,.
<br />subcontractors, :agents, employees, or other persons acting on their behalf which relates
<br />tea the services described In section 11 of this Agropment; and (2) from any claim that
<br />porsonal injury, damages, Just oompensation, restitution, judicial or equitable relief is dues
<br />by reason of the torms afar effects arising from this Agreement. This Indemnity and hold
<br />harmless agreemprit applies to all claims for damages, just cornpen.sation., .restitutlan,
<br />judicial or equitable relief suffered, or alleged to have been .suffered, by reason of the
<br />events referred to in this Section or by reason of the teras of, or effects, arising from this
<br />Agreement. 'rho Consultant further agrees to indemnify, hold harmless, and pay all costs
<br />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,
<br />or asserting that personal injury, damages, Just compensation, restitution, judiclal or
<br />oquitable 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
<br />to Its representation in any legal proceeding,
<br />7. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend and indemnify the City, Its officers, agents,
<br />representatives, and employees against any and all liability, Including costs, for
<br />infringement of any United States' letters patent, trademark, or copyright Infringement,
<br />
|