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D. The following requirements apply to the insurance to be provided by Promoter
<br />pursuant to this section:
<br />i. Promoter shall maintain all insurance required above in full force and effect for the
<br />entire period covered by this Agreement.
<br />ii. Certificates of insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City.
<br />iii. Certificates and policies shall state that the policies shall not be canceled or reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior written notice
<br />to the City; and shall state as follows:
<br />"The above detailed coverage is not subject to any deductible or
<br />self -insured retention, or any other form of similar type limitation. "
<br />iv. A complete and signed certificate of insurance with all endorsements required by this
<br />Section shall be filed with City upon execution of this Agreement. At least thirty (30) days prior
<br />to the expiration of any such policy, a signed and complete certification of insurance showing that
<br />coverage has been renewed, shall be filed with the City.
<br />v. The certificate of insurance shall include all endorsements necessary for the City to
<br />be additionally insured under Promoter's policy.
<br />E. 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 has been procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to terminate this
<br />Agreement. Promoter agrees to indemnify the City for any work performed prior to approval of
<br />insurance by the City.
<br />8. INDEMNIFICATION
<br />Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the
<br />City, its officers, agents, employees, special counsel, and representatives from liability, loss,
<br />damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial
<br />or equitable relief arising out of claims for personal injury, including death, and claims for
<br />property damage, which may arise from the direct or indirect operations of the Promoter or its
<br />operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf
<br />which relates to the services described in Section 1 and Exhibit A of this Agreement; and (2)
<br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
<br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
<br />or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br />this Agreement or by reason of the terms of, or effects, arising from this Agreement. The
<br />Promoter further agrees to defend, indemnify, hold harmless, and pay all costs for the defense of
<br />the City, including fees and costs for special counsel to be selected by the City, regarding any
<br />action by a third party challenging the validity of this Agreement, or asserting that personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
<br />property rights arises by reason of the terms of, or effects arising from this Agreement. City may
<br />make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Promoter shall protect, defend, indemnify and save and hold harmless the City, its
<br />officers, officials, employees, and agents from and against any and all liability, loss, damage,
<br />expenses, costs (including without limitation costs and fees of litigation of any nature) arising out
<br />of or in connection with Promoter's performance of this Agreement or any failure to comply with
<br />any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents,
<br />employees or contractors.
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