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ARTICLE 6 - INSURANCE AND INDEMNIFICATION <br />6.1 Consultant's Insurance to be Primary <br />All insurance required by this Agreement is to be maintained by Consultant for the <br />duration of this Project and shall be primary with respect to City and non-contributing to <br />any insurance or self-insurance maintained by the City. Consultant shall provide City <br />with Certificates of Insurance and endorsements evidencing such insurance within fifteen <br />(15) days of execution of this Agreement, or prior to commencement of work, whichever <br />occurs first. <br />6.2 Workers' Compensation and Employer's Liability <br />A. Consultant shall secure and maintain Workers' Compensation and Employer's <br />Liability insurance throughout the duration of this Agreement in an amount which meets the <br />statutory requirement with an insurance carrier acceptable to the City. Such insurance shall be <br />primary and non-contributing to any insurance or self-insurance maintained by the City. The <br />insurance policy shall include a provision prohibiting cancellation of said policy except upon <br />thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City <br />within fifteen (15) days of execution of this Agreement or prior to commencement of work, <br />whichever occurs first. <br />B. Consultant expressly waives all rights to subrogation against the City, its officers, <br />employees and volunteers for losses arising from work perfoiiiied by Consultant for City by <br />expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that <br />the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to <br />any claim brought by or on behalf of any employee of Consultant. This waiver is mutually <br />negotiated by the parties. This shall not apply to any damage resulting from the sole negligence <br />of City, its agents and employees. To the extent any of the damages referenced herein were <br />caused by or resulted from the concurrent negligence of City, its agents or employees, the <br />obligations provided herein to indemnify, defend and hold harmless is valid and enforceable <br />only to the extent of the negligence of Consultant. its officers, agents and employees. <br />6.3 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and <br />defend City and its elected officials, agents, and employees from and against any and all claims, <br />losses or liability, including attorney's fees, arising from injury or death to persons or damage to <br />property occasioned by any negligent act, omission or failure of Consultant, its officer, agents <br />and employees in performing the Services required by this Agreement. <br />City agrees to and shall defend, protect, indemnify and hold harmless Consultant from <br />and against any and all claims, losses, expenses, damages, demands, judgments, causes of _ <br />action, suits, and liability in tort, contract, or any other basis and of every other kind and <br />character whatsoever, to the extent that claims are caused by, result from or arise out of <br />City's sole negligence, gross negligence, intentional misconduct or strict liability. <br />3 <br />