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(ii) Ceiti.flctttes of insurance: shall be furnished to the City upon execution of
<br />this Agreement and shall be approved by the City,
<br />(iii) Certificates and policies shill state that the policies shall not be cancrflled
<br />or reduced in coverage or changed in any other material aspect, by
<br />consultant, without thirty (.30) clays prior written notice to the City.
<br />(iv) Contractor shall sgply City with a fully exccuted additional insured
<br />endorsomernt.
<br />{'. if Contractor 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 aknd is in force and paid for, the City shall .nave the right, at the
<br />City's election, to fbrthwitli terminato this Agreement, Such termination shall not
<br />affect Contractor's right to be pall for its time a.ncl materials expended prior to
<br />n ti'lication of termination, Contrat otor waives the right to r-ceive compensation
<br />and agrees to indomrniFy the City for any work Performed prior to approval of
<br />insurance by the City,
<br />a 'lN DE11 N CFl:CXT ION
<br />Contractor agrees to defend, and shall indennnify and .Mold harmless the City, its officers,
<br />agents, employoos, cotnsriltants, special cormsc.l, and representatives from liability, (1) for
<br />pers011,11 injury, damages, just compensation, restitation, judicial or eq-Wtable relief arising out of
<br />claims for personal injury, is luding death, and clainis for property damage, whicli rrLay arise
<br />from the negligent operations of the Contractor or its contractors, subcontnictcrs, agents,
<br />omployees, or other persom acting on their behalf which relates to the services described in
<br />section 1 of this Agreenwnt; and (2) from any claim Chat porson9l injury, damages, just
<br />compensation, restitution, judicial or equitable relief is clue by reason of the terms of or effects
<br />arising; froi n this Agreern�ent. This inlet -mitt' and hold harrnlcs,; agreernelrt applies to all claims
<br />for damages, just con%pensation, restitution, judicial or equital)le relief suffered, or alleged to
<br />have been suffered, by reason of the events referred to in this Soction or by reason of the terms
<br />of, or effects, arising from this Agreement. The Contractor further agrees to indain nify, hold
<br />harmless, and pay ail costs fox the; defense of the City, including fees and casts for special
<br />coutzsc- l to be selected by the City, regarding any action by a, third patty chaltenging the validity
<br />of this Agreement, or asserting that personal injury, damages, ,}ust conipensation, restitution,
<br />jucl.icial or equitable relief due to povsonal or property rights arises by reason of the turtns of, or
<br />effects arising From ilnis Agreement. City may make all reasonable decisions with respoct to its
<br />representation in any legal procc;ud ing, Notwithstanding the foregoing, to the extent Contractor's
<br />services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
<br />extent required by Civil Code Section 2182,8, to claims that arise of, pertain to, or relate to the
<br />negliaenoe, recicless.ness, or willful misconduct of the Contractor.
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