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<br />'-' <br /> <br />'>J <br /> <br />maintain any employer's liability insurance with limits not less than $1,000,000 per <br />accident. <br /> <br />d. If CONTRACTOR is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and omissions) insurance, with a combined single <br />limit of not less than $1,000,000 per claim. <br /> <br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />(i) CONTRACTOR shall maintain all insurance required above in full force <br />and 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 in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br /> <br />f. If CONTRACTOR 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 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 effect <br />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 insurance <br />by the City. <br /> <br />10. CONFLICT OF INTEREST CLAUSE <br />CONTRACTOR covenants that it presently has no interest and shall not have interests, <br />direct or indirect, which would conflict in any manner with the performance of the <br />services specified under this AGREEMENT. <br /> <br />11. CERTIFICATION OF NONDISCRIMINATION <br />By signing this AGREEMENT, CONTRACTOR certifies that it does not discriminate in <br />hiring or treatment on the basis of race, color, creed, religion, sex, sexual orientation, age, <br />marital status, national origin, ancestry, physical handicap or medical condition. <br /> <br />12. INDEMNIFICATION <br />CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, <br />agents, volunteers and employees from and against any and all loss or damage, from any <br />and all suits, actions and claims field or brought by any person or persons arising out of <br />negligent acts or omissions of CONTRACTOR or its subcontractors or of the officers, <br />agents or employees of CONTRACTOR or its subcontractors, in the performance of this <br />AGREEMENT. <br /> <br />13. VALIDITY <br />If any term, covenant, condition or provision of this AGREEMENT is held by a court of <br />competent jurisdiction to be invalid, void, or unenforceable, the remained of the <br /> <br />(4) <br />