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or to undertake self-insurance. Prior to commencing the performance of the work under this <br />Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />H. The following requirements apply to the insurance to be provided by Contractor pursuant to <br />this section: <br />(i) Contractor shall maintain all insurance required above in full force and effect for <br />the 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 Attorney. <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 (30) <br />days prior written notice to the City. <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 been <br />procured and is in force and paid for, the City shall have the right, at the City's election, to <br />forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be <br />paid for its time and materials expended prior to notification of termination. Contractor waives <br />the right to receive compensation and agrees to indemnify the City for any work performed <br />prior to approval of insurance by the City. <br />7. INDEMNIFICATION AND HOLD HARMLESS <br />Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, <br />contractors, special counsel, and representatives from liability: (1) for personal injury, <br />damages, just compensation, lost profits, restitution, judicial or equitable relief or any other <br />type of damage whatsoever arising out of claims for the same, which may arise from the direct <br />or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or <br />other persons acting on their behalf which relates in any way to the services provided by <br />Contractor under this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage <br />whatsoever is due by reason of the terms of or effects arising from this Agreement or of the <br />Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all <br />claims for damages, just compensation, restitution, lost profits or any other judicial or equitable <br />relief or damages suffered, or alleged to have been suffered, by reason of the events referred to <br />in this Section or by reason of the terms of, or effects, arising from this Agreement. The <br />Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the <br />City, including fees and costs for special counsel to be selected by the City, relative to any <br />action by a third party challenging the validity of this Agreement, or asserting that personal <br />injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any <br />other type of damage whatsoever has arisen by reason of the terms of, or effects arising from <br />this Agreement or Contractor's actions hereunder. City may make all reasonable decisions <br />with respect to its representation in any legal proceeding. <br />63 <br />19C-71