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e. If Contractor fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to famish 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
<br />City's election, to forthwith terminate this Contract. Such termination shall not
<br />affect Contractor's right to be paid for its time and materials expended prior to
<br />notification of termination. Contractor waives the right to receive compensation
<br />and agrees to indemnify the City for any work performed prior to approval of
<br />insurance by the City.
<br />8. INDEMNIFICATION
<br />To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
<br />harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from
<br />and against any and all claims (including, without limitation, claims for bodily injury, death or
<br />damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
<br />judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
<br />fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
<br />collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to
<br />any work performed or services provided under this Contract (including, without limitation,
<br />defects in workmanship and/or materials) or Contractor's presence or activities conducted
<br />performing the work (including the negligent and/or willful acts, errors and/or omissions of
<br />Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors,
<br />subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may
<br />be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed
<br />to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
<br />negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
<br />construed as authorizing any award of attorney's fees in any action on or to enforce the terms of
<br />this Contract. This indemnity shall apply to all claims and liability regardless of whether any
<br />insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
<br />indemnification to be provided by the Contractor.
<br />9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Language Omitted by the Parties
<br />10. RECORDS
<br />Consultant shall keep records and invoices in connection with the work to be performed
<br />under this Agreement. Consultant shall maintain complete and accurate records with respect to
<br />the costs incurred under this Agreement and any services, expenditures, and disbursements
<br />charged to the City for a minimum period of three (3) years, or for any longer period required by
<br />law, from the date of final payment to Consultant under this Agreement. All such records and
<br />invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
<br />examine, audit, and make transcripts or copies of such records and any other documents created
<br />pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
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