FULL AGENDA PACKET_2021-05-04 - Laserfiche WebLink

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EXHIBIT 2 (i) CoffiLdtam shall maintain all imurancc rxluirml abuvc in full lorcc and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall he approved in torn] by the City ALtorney- (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f- Tf COUALILant fails or refuses Lo produce or maintain the insurance required by Lllis section or fails or refuses to funiish the City with required proof that insurance ha been procured and is in turce and paid for, the City shall have the Light, at the City's election, to turthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notificalion of termination. C'onsuhant waives the right to receive compensation and agrees to indenmify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultanl agrees to and Shall indemnify and hold harmless Lhe City, its ollicers, agents, cLLiploycc,, cunsullants, cuunscl, and representatives lions liability: (1) for persunal injury, damages, just Compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims R)r properly damage, which may arise from the direct or indirect operations of Ole COIlSnILanL or its cunu-acLorS, sLill cOil uaCMrs, agents, employees, or other persons acting on their behalf which relates to the seaviecs described in section 1 of this Agreement; and (2) from any Ckulll that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement- This indemnity and hold harmless agreement applies to all claims for damages, just urnlpensaLion, restitution, judicial or equitable relief suffered, or alleged to have been suflered, by reason of the event, referred to in this Section or by reason of the terms of, Ur eftecN, arising from this Agreement. The Consultant thither agrees to tuduromty, hold harmless, and pay all costs for the defense of the City, including tees and costs for special counsel to be ;elecled by the Cily, regarding any aclion by a third party asserting that personal injury, damages, just compensation, resLiLrrtion, judicial or equitable relief due Lo per-sonal or property rights arises by reason of the terms of, or effects arising front this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any conhacl, agreement or order to which Consullant is a party or by which it k hound. 4 City Council 4 — 25 514/2021