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(i) Contractor 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 shalt be. approved by the City.
<br />(iii) Certificates and policies shall state that the policies shall not be cancelled
<br />or reduced in coverage or changed in any other material aspect, by
<br />Contractor, without thirty (30) days prior written notice to the City.
<br />(iv) Contractor shall supply City with a fully executed additional insured
<br />endorsement.
<br />E 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 has
<br />been procured and is in force and paid for, the City shall have the right, at the City's
<br />election, to forthwith terminate this Agreement. Such termination shall not affect
<br />Contractor's right to be paid for its time and materials expended prior to notification
<br />of termination. Contractor waives the right to receive compensation and agrees to
<br />indemnify the City for any work performed prior to approval of insurance by the
<br />City.
<br />7. INDEMNIFICATION
<br />Contractor agrees to defend, and shalt indemnify and hold harmless the City, its officers,
<br />agents, employees„ Contractors, special counsel, and representatives from liability; (1) for
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br />clairns for personal injury, including death, and claims For property damage, which may arise
<br />from the negligent operations of the Contractor or its Contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described in
<br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due byreason of the terms of or effects
<br />arising from this Agreement. This indemnity and hold 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 Contractor 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 clue 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 Contractor's
<br />services are subject to Civil Code Section 2782.8, the above indemnity shall be Painted, to the
<br />extent required by Civil Code Section 27818, to claims that arise out of; pertain to, or relate to
<br />the negligence, recklessness, or willful misconduct of the Contractor.
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