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d. If Concessionaire is or employs a licensed professional such as an architect or
<br />engineer: Professional liability (errors and omissions) insurance, with a combined
<br />single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
<br />e. The following requirements apply to the insurance to be provided by
<br />Concessionaire pursuant to this section:
<br />i. Concessionaire 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 by the City.
<br />iii. Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty
<br />(30) days prior written notice to the City.
<br />iv. Concessionaire shall supply City with a fully executed additional insured
<br />endorsement.
<br />f. If Concessionaire fails or refuses to produce or maintain the insurance required by
<br />this section or fails or refuses to furnish the City with required proof that insurance
<br />has been procured and is in force and paid for, the City shall have the right, at the
<br />City's election, to forthwith terminate this Agreement. Such termination shall not
<br />affect Concessionaire's right to be paid for its time and materials expended prior to
<br />notification of termination. Concessionaire waives the right to receive
<br />compensation and agrees to indemnify the City for any work performed prior to
<br />approval of insurance by the City.
<br />6. INDEMNIFICATION
<br />Concessionaire agrees to defend, and shall indemnify and hold harmless the City, its
<br />officers, 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 />claims for personal injury, including death, and claims for property damage, which may arise from
<br />_the negligent operations of the Concessionaire,its._subcontractors,_agents,_employees,--or--other
<br />persons acting on its behalf which relates to the services described in section 1 of this Agreement;
<br />and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, 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 terms of, or effects, arising from this
<br />Agreement. The Concessionaire further agrees to indemnify, hold harmless, and pay all costs for
<br />the defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
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