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workers' compensation or to -.urdertake self insurance, Prior to commencing the
<br />performance of the work under this Agreement, Consultant agrees to obtain and maintain
<br />any employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. if Consultant is or employs a licensed professional such as an architect or engineer.-
<br />Professional
<br />ngineer:Professional liability (errors and omissions) insurance, with a combined single limit of not
<br />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 Consultant pursuant
<br />to this section:
<br />(i) Consultant shall maintain all insurance required above in U1 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 />(3 0) days prior written notice to the City,
<br />(iv) Consultant shall supply City with a fully executed additional insured
<br />endorsement.
<br />f If Consultant fails or refuses to produce or maintain the insurance required by this section
<br />or fails or refuses to furnish the City with required proof that insurance has been procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to terminate
<br />this Agreement. Such termination shall not affect Consultant's right to be paid for its time
<br />and materials expended prior to notification of termination. Consultaant waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to
<br />approval of insurance by the City.
<br />INDEIV[NIFICATION
<br />Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives fronn liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
<br />including death, wid claims for property damage, which may arise from the negligence or w:illfcrl
<br />misconduct of the Constiiltant or its, subcontractors, agents, employees, or other persons acting on their
<br />behalf which relates to the sentices described in section 1 of this Agn en ent; and (2) from any claiin that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the
<br />terms of or effects arising •Born this Agreement. This indemnity and hold harmless agreement applies to all
<br />claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
<br />been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
<br />arising fronn this Agreement. The Consultant fumlher agrees to indemnify, hold harmless, and pay all costs
<br />for the defense of the City, iinclu.ding fees and costs for special counsel to be selected by the City, regarding
<br />any action by a third party challenging the validity ofthis Agreement, or asserting that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
<br />by reason of the terms of, or effects arising fronn this Agreement. City -nay make all reasonable decisions
<br />with respect to its representation in any legal proceeding. Coxnsultwit's indemnification obligations ill this
<br />section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent
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