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Community Development Department <br />Hogle-Ireland, Inc. <br />April 4, 2000 <br />ARTICLE 6 - INSURANCE AND INDEMNIFICATION <br />6.1 Consultant shall maintain worker's compensation insurance and, in addition, shall maintain <br />insurance to protect City from claims for damage due to bodily injury, personal injury and <br />death, and claims for injury to or destruction of tangible property while performing the <br />Services required by this Agreement. Said public liability and property damage insurance <br />shall be in a minimum combined single limit of $1,000,000, and in $2,000,000 in the <br />aggregate. Consultant shall maintain professional liability insurance in the aggregate amount <br />of $1,000,000 with a minimum of $500,000 per occurrence. City shall be named as an <br />additional insured under all policies for public liability, property damage and comprehensive <br />automobile liability and professional liability insurance, and such insurance shall be primary <br />with respect to City and non-contributing to any insurance or self-insurance maintained by <br />the City. Consultant shall provide City with certificates of insurance evidencing such <br />insurance coverage prior to commencing the Services. <br />6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, <br />agents and employees from and against all claims, loss, damage, charges or expense, to <br />which it or any of them may be put or subjected to the extent that they arise out of or result <br />from any willful or negligent act or actions, omission or failure to act on the part of the <br />Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of <br />them or anyone for whose acts or omissions any of them maybe liable in the performance of <br />the Services required by this Agreement. <br />ARTICLE 7 - GENERAL CONSIDERATIONS <br />7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions <br />of this Agreement the prevailing party shall, in addition to any costs and other relief, be <br />entitled to the recovery of its reasonable attorneys' fees. <br />7.2 Consultant shall not assign any of the Services required by this Agreement, except with the <br />prior written approval of City and in strict compliance with the terms, provisions and <br />conditions of this Agreement. <br />A:muniagtl <br />3 <br />